Does expulsion from the House/Senate disqualify you from running again? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 26, 2024, 09:56:28 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Does expulsion from the House/Senate disqualify you from running again? (search mode)
Pages: [1]
Author Topic: Does expulsion from the House/Senate disqualify you from running again?  (Read 1123 times)
Vosem
Atlas Icon
*****
Posts: 15,637
United States


Political Matrix
E: 8.13, S: -6.09

« on: January 14, 2021, 04:37:46 PM »

Basically what it says in the title. Since lately I've seen some expulsions be discussed for some of the heaviest MAGA representatives, my question would be whether the expulsion is for life, or if on the contrary they could get reelected or possibly even run in the special election to fill their seat.

Let's say that a random trumpist representing an R+yes district gets expelled. Could he then run in the special election to fill his seat? Or on the general election?

Expulsion is not impeachment, and yes, you can run again after being expelled. Moreover, the decision in Powell v. McCormack has normally been interpreted to mean that a Congressman whose district returns him after expulsion may not be excluded from the normal business of Congress (ie, you have to give them their fair share of office space and committee spots and so forth), and Congress does not have the authority to create new qualifications for service beyond those listed in the Constitution (though it is the final authority on those -- for instance, if there were a dispute over whether an elected Representative had reached 25 years of age, or was really a US citizen, or something, then Congress would have the final say on whether they were qualified or not. Same with disputed elections, though courts could certainly overturn Congress blatantly stealing an election using the Due Process Clause).
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.021 seconds with 12 queries.