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To: Free ThinkerNY
the Supreme Court ruled that the House of Representatives could not refuse to seat Rep. Adam Clayton Powell Jr.

Not entirely correct. Congress, by majority vote (but not two-thirds) voted to exclude Powell from Congress and declare his seat vacant. Powell didn't challenge Congress' authority to do this, but rather claimed that this was tantamount to an expulsion, which requires a two-thirds vote. The Court agreed.

Assuming that the Senate could garner the two-thirds vote, it could refuse to seat him. No sweat.

10 posted on 12/30/2008 12:12:57 PM PST by Publius Valerius
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To: Publius Valerius
Assuming that the Senate could garner the two-thirds vote, it could refuse to seat him. No sweat.

It'll never happen in this case. Justifying that vote will make them sweat, and we all know how much senators hate that smell.

19 posted on 12/30/2008 12:20:33 PM PST by Seven plus One
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To: Publius Valerius

if the Senate refuses to sit him, then Illinois will be without a senator until 2011.

The constitution clearly states the Governor shall appoint a successor to Senate in the absence of any law passed by the state legislator. However, since Obama resigned prior to any law restricting the Governor to make appointments, any law restricting Blago would be unconstitutional since it would be both a bill of attainder and post facto.


35 posted on 12/30/2008 12:54:56 PM PST by Perdogg (Only the hypnotized never lie)
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To: Publius Valerius

I think the republicans should refuse to vote on this, thus denying the senate democrats their 2/3rds vote.


51 posted on 12/30/2008 2:32:29 PM PST by CharlesWayneCT
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