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
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.
They cant be.
Cant happen.
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.[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.
The Senate can expel their own members with a 2/3rds vote. Very unlikely to happen, but it should happen.
Yes, that is true, but that won’t happen.
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.
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.
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.
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.
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.
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?
I believe the mechanism for the state would be a Recall election. I know that’s available for governors, but not sure about Senators.
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.
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.
Yes, vote them out, but until then- no committees, no budget, and a broom closet in the basement for a office.
It certainly can happen. Expulsion is directly called out in the Constitution, Article 1, Section 5:
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.
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.
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.
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”.