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What Happens is the Senate Refuses to Seat Moore?

Posted on 11/10/17 at 10:10 pm
Posted by Geauxtexastyger
Member since Dec 2014
559 posts
Posted on 11/10/17 at 10:10 pm
Trying to imagine the sh*t show if he's elected and they refuse to seat him.

One prominent Republican was on the news today and said exactly that. Something along the lines of "The people of Alabama have the right to elect whomever they choose, be we have the power to exclude them." Seems like it would be entirely possible, since it only takes a simple majority to do so. You have all Dems refusing and multiple Repubs on record he should step down.
Posted by Toddy
Atlanta
Member since Jul 2010
27250 posts
Posted on 11/10/17 at 10:11 pm to
quote:

since it only takes a simple majority to do so. You have all Dems refusing and multiple Repubs on record he should step down.


I think it takes 2/3rds ??
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 11/10/17 at 10:14 pm to
quote:

What Happens is the Senate Refuses to Seat Moore?
He takes his crooked arse back home to Bamaland.

quote:

Trying to imagine the sh*t show if he's elected and they refuse to seat him.
I think something would be worked out ahead of time to spare everyone the asspain. If he can't plausibly refute the accusations you're looking at every Dem refusing to seat him. There won't be much political risk in an additional 20 or so Republicans peeling off knowing that Alabama has a GOP governor.

And for the record. It only takes a majority to refuse the seating. Takes 2/3 for expulsion.
This post was edited on 11/10/17 at 10:19 pm
Posted by Geauxtexastyger
Member since Dec 2014
559 posts
Posted on 11/10/17 at 10:19 pm to
Simple Majority......
quote:

If the House or Senate finds that a Member-elect does not meet the constitutional qualifications (or has not been “duly elected” by the people of his or her district or state), then the House or Senate, as appropriate, may “exclude” that person from the respective body by a simple majority vote. An “exclusion” is a decision to refuse to seat a Member-elect.25
Posted by LSUTIGER in TEXAS
Member since Jan 2008
13609 posts
Posted on 11/10/17 at 10:19 pm to
quote:

He takes his crooked arse back
liberals only hate other people's corruption. They never look in the mirror
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 11/10/17 at 10:22 pm to
You can read what the Supreme Court has ruled on not seating an elected representative.

LINK

quote:

But is this power absolute? Not according to the Supreme Court.

In 1969, the Court ruled that the House of Representatives did NOT have the power to refuse to seat Rep. Adam Clayton Powell, Jr., the New York Congressman who was embroiled in a legal case that resulted in a contempt citation being issued against him.

The House's power to judge "qualifications", the Court said, meant Constitutional qualifications: age, citizenship, that sort of thing.

It's also clear, based on a Supreme Court case involving Julian Bond, that a state legislature could not refuse to seat an elected state Senator because the majority of his colleagues found bonds views on the Vietnam War abhorrent.

Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 11/10/17 at 10:24 pm to
quote:

If the House or Senate finds that a Member-elect does not meet the constitutional qualifications (or has not been “duly elected” by the people of his or her district or state), then the House or Senate, as appropriate, may “exclude” that person from the respective body by a simple majority vote. An “exclusion” is a decision to refuse to seat a Member-elect.25
Even that's not absolute. The court has ruled that this power is pretty narrow--as in literal constitutional qualifications and appropriate process (did the legal governor appoint someone, was the election properly rendered, etc...)

But this wouldn't be a hard one for the GOP to pull off. He could be be expelled just with the Dems and a few more Senators than those who have already spoken out.
Posted by Drizzt
Cimmeria
Member since Aug 2013
12881 posts
Posted on 11/10/17 at 10:25 pm to
I think you would have the basis for a constitutional crisis going to the Supreme Court if they would not seat him. The man has not been charged with any crime and you have only a baseless allegation with no evidence.

I also think you would also see the Bannonites go barbarian and burn down the Republican party if McConnell did something this stupid.
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 11/10/17 at 10:28 pm to
quote:

I think you would have the basis for a constitutional crisis going to the Supreme Court if they would not seat him. The man has not been charged with any crime and you have only a baseless allegation with no evidence.
Well then they could seat him and then expel him by 2/3. That is a firmer rule.

quote:

I also think you would also see the Bannonites go barbarian and burn down the Republican party if McConnell did something this stupid.
No one thinks any lack of progress they're having on that front is a result of restraint. It's a matter of capability. They don't have it.
Posted by Presidio
Member since Nov 2017
3060 posts
Posted on 11/10/17 at 10:31 pm to
So the same republican party who rolls over with their legs in the air for Obama and the democrats and then proceeds to wet all over themselves when they DO have a republican in the white house, are going to get tough on another republican over nothing more than an unfounded assertion? Yeah try that and see how it works out for you.
This post was edited on 11/10/17 at 10:35 pm
Posted by Jimmy2shoes
The South
Member since Mar 2014
11004 posts
Posted on 11/10/17 at 10:33 pm to
The dude has not been convicted of anything and these are allegations surfacing 40 YEARS AFTER it ALLEGEDLY happened! You are ready to not seat the guy before a trial? On just allegations? Damn what happened to this country?!?!
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 11/10/17 at 10:33 pm to
quote:

The man has not been charged with any crime and you have only a baseless allegation with no evidence.
Exactly. The lesson would be all party fanatics need to do to overturn the will of the voters is to walk through a trailer park holding up hundred dollar bills and have multiple women accuse a candidate of molesting them 35+ years ago.

No proof. No evidence. Just simply accuse them and that will overturn how the majority of voters in the election voted.

It will become a variation of the Salem witch trials.....
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 11/10/17 at 10:34 pm to
quote:

So the same republican party who rolls over with their legs in the air for Obama and the democrats are going to get tough on another republican? Yeah try that and see how it works out for you.


There was a time when a prospective Senator, especially a Republican, couldn't withstand accusations of touching a 14yo girl as a 33 yo man--even far in the past. The national party would have nuked him--irrespective of Alabama's peculiar mores. I'm sure they still would if this had dropped during the primary. Any Republican who knew it was coming and didn't speak up then has something to answer for.
Posted by BBONDS25
Member since Mar 2008
48314 posts
Posted on 11/10/17 at 10:35 pm to
Won't happen. Dems have the menendez collar. They want to keep him.
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 11/10/17 at 10:39 pm to
quote:

Won't happen. Dems have the menendez collar. They want to keep him.
If Menendez is convicted, he'll be expelled the moment Murphy takes office if not before. If the jury returns a hung verdict, who knows. Still a chance he's encouraged to take a walk. I don't know that that will be much of a chip in the game considering the accusations against Moore and the general antipathy a lot of people seem to have for him from all corners of society.
Posted by BBONDS25
Member since Mar 2008
48314 posts
Posted on 11/10/17 at 10:42 pm to
Politico article from a few days ago says "unnamed democrat senators" have told them they won't expel him even if convicted. Sauces. But still. Wouldn't surprise me

There are pedo allegations against menendez too
This post was edited on 11/10/17 at 10:44 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98775 posts
Posted on 11/10/17 at 10:46 pm to
It gets burned to the ground
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 11/10/17 at 10:49 pm to
quote:

Politico article from a few days ago says "unnamed democrat senators" have told them they won't expel him even if convicted. Sauces. But still. Wouldn't surprise me

There are pedo allegations against menendez too
Tracking. But all 52 Republicans would only need 15 dems to join them. I bet they wouldn’t be too hard to find—if convicted. Hung jury is murkier.
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 11/10/17 at 11:09 pm to
So now the Senate can refuse the results of an election just because they don’t like someone?


You people are fricking insane.
Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 11/11/17 at 12:55 am to
quote:

LSURussian
Why do Russians seem so alpha?
quote:

In 1969, the Court ruled that the House of Representatives did NOT have the power to refuse to seat Rep. Adam Clayton Powell, Jr., the New York Congressman who was embroiled in a legal case that resulted in a contempt citation being issued against him.

The House's power to judge "qualifications", the Court said, meant Constitutional qualifications: age, citizenship, that sort of thing.
end of discussion
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