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Article I, Section 5

 
 
gollum
 
Reply Fri 23 Dec, 2022 11:25 am
The U.S. Constitution Article I, Section 5 states:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members....

George Santos was elected a U.S. Representative in the November 2022 Congressional election. Since then, it has been revealed that he lied about his education, ancestry, sexual orientation, employment history, charity work, and financial holdings.

Could the Speaker of the House of Representatives refuse to seat him? Could the House majority do it?
 
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engineer
  Selected Answer
 
  3  
Reply Fri 23 Dec, 2022 11:59 am
@gollum,
From Wikipedia

Quote:
Both houses of the United States Congress have refused to seat new members based on Article I, Section 5 of the United States Constitution which states that:

"Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide."

This had been interpreted that members of the House of Representatives and of the Senate could refuse to recognize the election or appointment of a new representative or senator for any reason, often political heterodoxy or criminal record.

However, the U.S. Supreme Court, in Powell v. McCormack (1969), limited the powers of the Congress to refuse to seat an elected member to when the individual does not meet the specific constitutional requirements of age, citizenship or residency. From the decision by Chief Justice Earl Warren: "Therefore, we hold that, since Adam Clayton Powell, Jr., was duly elected by the voters of the 18th Congressional District of New York and was not ineligible to serve under any provision of the Constitution, the House was without power to exclude him from its membership."
gollum
 
  1  
Reply Fri 23 Dec, 2022 12:20 pm
@engineer,
Before Powell v. McCormack (1969), I think that the authority was too broad.

The underlying issue parallels the Electoral Count Act, which was very recently amended.

It appears that the House must seat him.

But it may also expel him.
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toldyaso
 
  -4  
Reply Sat 24 Dec, 2022 03:04 pm
OH MY GOD THATS SO COOL
0 Replies
 
oralloy
 
  -2  
Reply Mon 16 Jan, 2023 04:07 am
@gollum,
gollum wrote:
George Santos was elected a U.S. Representative in the November 2022 Congressional election. Since then, it has been revealed that he lied about his education, ancestry, sexual orientation, employment history, charity work, and financial holdings.

So what? When have Joe Biden or Barack Obama ever told the truth?

What about Bill Clinton committing actual felonies and getting a free pass?

I couldn't care less if this Santos guy lied or not.
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