# Should there be consequences for the Sedition Caucus? **URL:** \ **Category:** Politics & Elections\ **Created:** [January 6, 2021, 4:45pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814 "2021-01-06T16:45:38Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Lavender\_Pebble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lavender_pebble/32/6290_2.png) [@Lavender\_Pebble](https://boards.straightdope.com/u/Lavender_Pebble)\ **Post date:** [January 6, 2021, 9:18pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/21 "2021-01-06T21:18:33Z")
Congresswoman Cori Bush announced just now that she is drafting a resolution to call for their expulsion. [https://twitter.com/RepCori/status/1346926083350794240?s=20](https://twitter.com/RepCori/status/1346926083350794240?s=20) ---
**Author:** ![gdave](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gdave/32/3683_2.png) [@gdave](https://boards.straightdope.com/u/gdave)\ **Post date:** [January 6, 2021, 10:23pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/22 "2021-01-06T22:23:27Z")
So, I think there’s a good case to charge the members of the mob who stormed the Capitol with sedition. If there’s evidence that any Senators or Representatives directly incited them, coordinated or cooperated with them, or in any way aided and abetted them in the invasion of the Capitol, they should be expelled, and I think there would be a good case for criminal charges of sedition as well. But Cruz & co. used the processes established by the Senate rules, federal statutes, and the U.S Constitution. Expelling them for that - which would itself over-turn elections - would be a unconscionable abuse of power by the majority. But let me also be clear. I absolutely think that Senator Cruz, Senator Hawley, and any senators that supported their baseless objections to the certified electoral college votes bear significant _moral_ responsibility for what happened today. The behaved with an unconscionably reckless disdain for normal democratic processes. I’d absolutely support a censure motion against them. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 6, 2021, 10:24pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/23 "2021-01-06T22:24:54Z")
They cant be. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 6, 2021, 10:25pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/24 "2021-01-06T22:25:05Z")
Cant happen. > **[Powell v. McCormack](https://en.wikipedia.org/wiki/Powell_v._McCormack)** > > Pages for logged out editors learn more > > Powell v. McCormack, 395 U.S. 486 (1969), is a United States Supreme Court case that held that the Qualifications of Members Clause of Article I of the US Constitution is an exclusive list of qualifications of members of the House of Representatives, which may exclude a duly-elected member for only those reasons enumerated in that clause. > Adam Clayton Powell Jr., a senior member of the United States House of Representatives, was embroiled in scan... _ **Powell v. McCormack** _ , 395 U.S. 486 (1969), is a [United States Supreme Court](https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States) case that [held](https://en.wikipedia.org/wiki/Holding_(law)) that the [Qualifications of Members Clause](https://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution#Clause_2:_Qualifications_of_Members) of [Article I](https://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution) of the [US Constitution](https://en.wikipedia.org/wiki/US_Constitution) is an exclusive list of qualifications of members of the [House of Representatives](https://en.wikipedia.org/wiki/United_States_House_of_Representatives), which may exclude a duly-elected member for only those reasons enumerated in that clause.[[1]](https://en.wikipedia.org/wiki/Powell_v._McCormack#cite_note-1)" _No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen._ ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [January 6, 2021, 10:27pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/25 "2021-01-06T22:27:43Z")
The Senate can expel their own members with a 2/3rds vote. Very unlikely to happen, but it should happen. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 6, 2021, 11:58pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/26 "2021-01-06T23:58:30Z")
Yes, that is true, but that _won’t_ happen. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [January 7, 2021, 5:25pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/27 "2021-01-07T17:25:25Z")
If they have committed crimes then they should be prosecuted. Otherwise, if allowed to be seated they should be denied security clearance and committee memberships. Whatever means the bodies have to reproach them, both have censure available. The rest is up to us to see that these people are never again elected or appointed to any position in government, that they will be pariahs for life. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [January 7, 2021, 7:39pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/28 "2021-01-07T19:39:00Z")
> [@gdave](#): > > What section of the Constitution requires them to have evidence and present an alternative slate of electors in order to object to a slate of electors? Let me get this straight. The constitution gives them no role–no role whatever–in deciding whether a slate of electors is acceptable. Their only job is to count. A law of 1887, whose constitutionality has never been tested but is dubious at best, allows them to reject a slate if and only if a state somehow presents two slates. And even then, they are constrained to accept the one signed by the governor. Their role is purely ceremonial. To go beyond that violates their oath of office to protect and defend the constitution. ---
**Author:** ![jsc1953](https://avatars.discourse-cdn.com/v4/letter/j/5daacb/32.png) [@jsc1953](https://boards.straightdope.com/u/jsc1953)\ **Post date:** [January 7, 2021, 8:18pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/29 "2021-01-07T20:18:00Z")
> [@Hari\_Seldon](#): > > The constitution gives them no role–no role whatever–in deciding whether a slate of electors is acceptable. Exactly. Sen. Hawley’s argument last night, that Congress was the arbiter of last resort about election integrity, was complete bullshit. If there are questions about a state’s handling of an election, those are to be resolved by the courts in that state. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [January 7, 2021, 8:47pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/30 "2021-01-07T20:47:24Z")
Even if the Sedition Caucus can be expelled, I think it would set a bad precedent: if it’s done, then when the GOP controls a House of Congress, they’ll expel Democrats for purely partisan reasons. This is a bad door to open up even a crack. I’d say the proper response is censure and denial of committee assignments. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [January 7, 2021, 9:26pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/31 "2021-01-07T21:26:35Z")
It can only happen with 2/3rds majority, right? If so, then there’s no danger. I doubt enough Republicans would support, but if they did, then it must have been very egregious behavior. ---
**Author:** ![Deeg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deeg/32/2955_2.png) [@Deeg](https://boards.straightdope.com/u/Deeg)\ **Post date:** [January 7, 2021, 9:30pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/32 "2021-01-07T21:30:25Z")
Yeah, I’m not in favor of expelling them. That deprives citizens of representation, exactly what we’re accusing Trump of attempting. Voting them out is the correct course. Do states have any sort of impeachment or no-confidence policy? ---
**Author:** ![jsc1953](https://avatars.discourse-cdn.com/v4/letter/j/5daacb/32.png) [@jsc1953](https://boards.straightdope.com/u/jsc1953)\ **Post date:** [January 7, 2021, 10:08pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/33 "2021-01-07T22:08:51Z")
> [@Deeg](#): > > Do states have any sort of impeachment or no-confidence policy? I believe the mechanism for the state would be a Recall election. I know that’s available for governors, but not sure about Senators. ---
**Author:** ![I.Dunno](https://avatars.discourse-cdn.com/v4/letter/i/9f8e36/32.png) [@I.Dunno](https://boards.straightdope.com/u/I.Dunno)\ **Post date:** [January 7, 2021, 10:17pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/34 "2021-01-07T22:17:24Z")
i was told today (by several folks on Reddit) that _federal_ reps and senators cannot be recalled. I think they have to be impeached. I’m so fortunate to be a constituent of Hee Haw Hawley, that’s how this question came up. ---
**Author:** ![FlikTheBlue](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fliktheblue/32/10972_2.png) [@FlikTheBlue](https://boards.straightdope.com/u/FlikTheBlue)\ **Post date:** [January 7, 2021, 10:42pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/35 "2021-01-07T22:42:14Z")
I think the only realistic solution is for someone to primary them from the left during their next election. Here in Texas I’m not sure who would be able to beat Ted Cruz in a primary. If Beto steps up his game, he _might_ be able to win a _very close_ election in 2024 if the national environment leans blue at the time, but I think the best chance is for a charismatic sane Republican to challenge him in the primary. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 8, 2021, 12:51am UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/36 "2021-01-08T00:51:25Z")
Yes, vote them out, but until then- no committees, no budget, and a broom closet in the basement for a office. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [January 8, 2021, 7:30pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/37 "2021-01-08T19:30:15Z")
It certainly can happen. Expulsion is directly called out in the Constitution, Article 1, Section 5: > [@](#): > > Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member Powell v. McCormack was different because they tried to prevent seating a recently elected member (actually, re-elected) in the first place. Had they allowed him to be seated, then expelled him, it would have been perfectly legal. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 8, 2021, 7:35pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/38 "2021-01-08T19:35:39Z")
Look at how many Republicans are in congress. Note how many voted to support dumping AZ votes. It can not happen. Pelosi and Harris dont have the votes to expel any members. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [January 8, 2021, 7:45pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/39 "2021-01-08T19:45:55Z")
Can’t happen because it’s illegal is a very different claim than can’t happen because the votes aren’t there. You originally made the first claim. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 8, 2021, 7:53pm UTC](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814/40 "2021-01-08T19:53:39Z")
It is _legal,_ but _politically impossible_, to _expel_ members of Congress. It is _not_ legal _to simply refuse to seat them_, like with Adam Clayton Powell , see _Powell v. McCormack_. In both cases, this translates into _“they can’t”_. [Previous page](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814.md?page=1) [Next page](https://boards.straightdope.com/t/should-there-be-consequences-for-the-sedition-caucus/929814.md?page=3)