Stan Brand, Former General Counsel to the U.S. House, Doubts U.S. Senate has Authority to Expel Roy Moore if Moore is Elected

Politico Magazine has this article by Stan Brand, former general counsel to the U.S. House of Reprsentatives. Brand doubts that the U.S. Senate would have the authority to expel Roy Moore should Moore be elected next month.


Comments

Stan Brand, Former General Counsel to the U.S. House, Doubts U.S. Senate has Authority to Expel Roy Moore if Moore is Elected — 12 Comments

  1. This piece is incorrect.

    Article 1, Section 5, actually says:

    “punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.”

    Note that these are two separate clauses, separated by a comma.

  2. Beyond that, in December 1865, Congress refused to seat representatives from former Confederate states admitted under Andy Johnson’s Reconstruction plan. Brand presumably knew that and trimmed his sails. If he DIDN’T, it further undercuts the piece.

  3. All sorts of ANTI-Constitution stuff happened prior to, during and after the horrific Civil War I — by all 3 Fed regime parts.

  4. Just moooore of New Age politically correct stuff — regardless of statutes of limitation.

    ALL party hacks have 24/7 life histories on videos before or since hatching – aka birth ???

  5. Any attempts after ConFed surrenders in Apr-May 1865 to expel seated USA Reps and Sens due to their Civil War ConFed actions / non-actions

    – esp. in getting Union Army/Navy folks directly or indirectly killed, wounded or abused, if captured ???

  6. I’ll say something probably controversial, I don’t think the U.S. Senate should have the power to expel senators. If Moore is elected by the citizens of his state, I think expelling him when he has not been arrested, or anything of the sort, is undemocratic. I don’t think the Senate should be able to expel whoever they please for whatever reason, even in cases like this one. Unless someone is arrested, indicted, etc., they shouldn’t be able to be removed.

    Obviously I’m no fan of Roy Moore, and I consider him and anyone who agrees with even half of what he says utterly insane and completely incompatible with any logic, but if Alabama elects him, which I expect them to do, I would be utterly opposed to the Senate just removing him. It is the most undemocratic thing I could imagine them doing.

  7. What if a Senator hack says on the Senate floor — *Kill XXX now* or *overthrow ZZZ regime now* ???

    Also – nonstop libel and slander by all sides — due to SCOTUS letting *reputations* [part of the *life* of each human person] be attacked with no remedy — since 1960s.

    IE – this is the New Age of demagogues and their personality cult fans on all sides

    — see late Roman Republic — just before Augustus Caesar in 27 BC.


    PR and AppV.

  8. Another item on the election reform agenda (for the public safety) —

    Recall elections of A-L-L public officers — elected or appointed.

    Such officers are 24/7 agents of the Electors-Voters.

    Court stuff, civil and criminal, is taking longer and longer [often now multi-years] to get *final*/*final* results

    — due to armies of hack lawyers — discovery, etc.

  9. Clay- I think you mean state legislatures.
    James Mahoney IV- I agree. Why hasn’t Al Franken been expelled?

  10. The proposed amendment to the California Constitution which would increase the size of the legislature to roughly 12,000 members, would organize the members into 80 assembly districts, and 40 senate districts. The legislators in each district would choose a member of a working committee, who would meet in Sacramento. The legislators in each district could recall their member of the working committee at any time. The working committees would legislate in the present manner. but a vote on any final bill would have to be approved by the full bodies, who would vote electronically.

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