CNN: Giffords to Resign from Congress

Just because congress had not used this power on members for medical reasons in the past does not mean that they can not do so at their whim!!!!!!

Expulsion is the most serious form of disciplinary action that can be taken against a Member of Congress. Article I, Section 5 of the United States Constitution provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member."

Process leading to expulsion

Presently, the disciplinary process begins when a resolution to expel or censure a Member is referred to the appropriate committee. In the House, this is the Committee on Standards of Official Conduct (House Ethics Committee); in the Senate, this is the Select Committee on Ethics (Senate Ethics Committee).

The committee may then ask other Representatives or Senators to come forward with complaints about the Member under consideration or may initiate an investigation into the Member's actions. Sometimes Members may refer a resolution calling for an investigation into a particular Member or matter that may lead to the recommendation of expulsion or censure.

Rule XI (Procedures of committees and unfinished business) of the Rules of the House of Representatives state that the Committee on Standards of Official Conduct can investigate allegations that a Member violated "any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member... in the performance of his duties or the discharge of his responsibilities". The Senate Select Committee on Ethics has the same jurisdiction. The committee may then report back to their whole chamber as to its findings and recommendations for further actions.

When an investigation is launched by either committee, an investigatory subcommittee will be formed. Once the investigatory subcommittee has collected evidence, talked to witnesses, and held an adjudicatory hearing it will vote on whether the Member is found to have committed the specific actions and then will vote on recommendations. If expulsion is the recommendation then the subcommittee's report will be referred to the full House of Representatives or Senate where Members may vote to accept, reject, or alter the report's recommendation. Voting to expel requires the concurrence of two-thirds of the members present and voting
http://en.wikipedia.org/wiki/Expulsion_from_the_United_States_Congress

You think that Congress has the Constitutional authority to unseat a member, who has been duly elected by the people, on whim? Or because of medical reasons? You are such an ignorant fool, you really just embarrass yourself with such foolish comments.

can you perhaps even formulate a question?

... now show us were the word 'democracy' is used in the constitution
and also were it states citizens have the right to vote in a presidential election.

His best prognosis is at least a year of rehabilitation before being able to return to work.

And who should start the process?

Chamber leadership should have a medical opinion forwarded to them at the three month mark, if there is no reasonable expectation that this guy can be back on the job with-in 6-9 months and he has not done the right thing and resigned then the chamber should act to find the chair vacant, and request that the state send someone to fill it. THey however will not.

Quote:

Chamber leadership should have a medical opinion forwarded to them at the three month mark, if there is no reasonable expectation that this guy can be back on the job with-in 6-9 months and he has not done the right thing and resigned then the chamber should act to find the chair vacant, and request that the state send someone to fill it. THey however will not.

Of course not, they have no authority to do that. Did the previous discussion on this issue go right over your head?

There is nothing in the Constitution that says that they can not. so they can.

There is no specific protocol, procedure, or authority set out in the United States Constitution, federal law, or congressional rule for the Senate (or the House) to recognize "incapacity" of a sitting Member and thereby declare a "vacancy" in such office.

Under the general practice and operations in the Senate (as well as in the House), personal "incapacity" of a sitting Member has not generated proceedings to declare the seat vacant, and sitting Members of the Senate (and the House) who have become incapacitated, and who have not resigned, have generally served out their terms of office.

Under the general practice and operations in the Senate (as well as in the House), personal "incapacity" of a sitting Member has not generated proceedings to declare the seat vacant, and sitting Members of the Senate (and the House) who have become incapacitated, and who have not resigned, have generally served out their terms of office.