Moore Problems

I don’t know what’s going to happen in Alabama’s special election. I hope that Roy Moore is not elected but you never can tell. I wouldn’t vote for him.

However, I strongly suspect that anybody who’s banking on the Senate to act where the people of Alabama did not is doomed to disappointment. Contrary to popular opinion (including among Senators), the Senate does not have the power to refuse to seat an elected member, cf. Powell v. McCormack. The Senate might be able to get the House to impeach him and then try him and remove him from office. I doubt the Senate will do that.

12 comments… add one
  • CuriousOnlooker Link

    The senate does not require the house to impeach, it alone can expel him with a 2/3 majority.

  • That’s expulsion. The Senate has no power of impeachment. Otherwise you’re right.

  • Andy Link

    Unfortunately I think it’s likely Moore will win. He’s suffering in polls but I suspect that is just because people don’t want to say they will vote for him (who would?). In the privacy of the booth things will be different.

  • Impeachment only applies to Judicial and Executive Branch officials, not members of the legislature.

    Powell v. McCormack speaks to the issue of allowing a member to be seated and stands for the proposition that the authority of a chamber of Congress to be the arbiter of who can be a member cannot add additional requirements beyond those set by Article I of the Constitution. This means that the Senate cannot refuse to seat Moore.

    At the same time, the Constitution does give each chamber broad authority when it comes to setting its own rules and in the case of the Senate that authority includes the authority to remove a member for a number of factors, including the broad category of conduct unbecoming a Senator (or words to that effect). Such a move would require the consent of 2/3 of the membership of the Senate. I don’t believe the Powell decision limits that rule-making authority, although it’s possible if not likely that Moore would seek to get a court involved if the Senate were to seek to remove him after he is formally seated (which basically amounts to the Vice-President administering the Oath of Office).

  • In summary, the Senate cannot refuse to seat Moore if he is elected but they could expel him after he is seated.

    I continue to think that expulsion is unlikely.

  • Dave,

    I continue to think that expulsion is unlikely.

    Sadly, and unfortunately for the GOP, I think you’re right.

  • PD Shaw Link

    Roland Burris was not expelled for false testimony to the Senate concerning issues relating to his appointment to fill Obama’s seat, i.e. conduct directly related to the Senate. Burris never admitted to wrongdoing, blamed the media, which I think is probably the best strategy.

  • PD.

    There was never any credible evidence to support those allegations and, in any case, there was a subsequent election that replaced Burris.

  • PD Shaw Link

    Doug, Burris submitted affidavits changing his previous sworn statements. It’s not whether or not he lied, it’s whether he cured the lies. A number of Illinois Democrats tried to prevent him from being seated and asked Burris to resign. The Senate Ethics Committee censured him: “The Committee found that you should have known that you were providing incorrect, inconsistent, misleading, or incomplete information to the public, the Senate and those conducting legitimate inquiries into your appointment to the Senate.”

  • Once Burris left the Senate, the Ethics Committee proceedings ended, though. And as far as I know I don’t believe any criminal charges were even considered in connection with this matter.

  • Steve Link

    Moore will win the election by at least 10 per cent. There will be some posturing in the Senate but he will be seated.

    Steve

  • I’m not prepared to propose numbers but not only will he be seated if elected, he won’t be expelled. If they expelled every senator who’s ever chased after teenage girls, they couldn’t make a quorum call.

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