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To: Terein

Thanks. Just seems like it's out of order, but stranger things have happened I'm sure. Especially if it has been proven voter fraud.


22 posted on 01/18/2006 8:37:41 PM PST by swheats
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To: swheats

Hmmm...it occurs to me that SCOTUS acted without cause.

In January of 1967, following allegations that Powell had misappropriated Committee funds for his personal use and other corruption allegations, the House Democratic Caucus stripped Powell of his committee chairmanship. The full House refused to seat him until completion of an investigation by the Judiciary Committee. In March the House voted 307 to 116 to exclude him. Powell won the special election in April to fill the vacancy caused by his exclusion, but did not take his seat.

In June of 1969 the Supreme Court ruled that the House had acted unconstitutionally when it excluded Powell, and he returned to the House, but without his seniority. Again his absenteeism was increasingly noted.



US Constitution,
I.5 - Membership, Rules, Journals, Adjournment
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.

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Well, gee, 307 is well over 2/3. I don't see how it's relevant that the holder of the seat was black.

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Article 2, Section 12 of the Tennessee State Constitution provides for expelling a member by a 2/3 vote (has Ophelia actually been seated yet?) although I see no provision for judging elections. Is it covered by statute? Slow connection...I'll have to look it up tomorrow.




28 posted on 01/18/2006 9:06:20 PM PST by scrabblehack
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