w******e
发帖数: 953 | 1 "One senior Republican senator on Thursday warned that voting to expel Moore
would be a mistake, given that the voters of Alabama are already aware of
the allegations against him.
"Who are we to expel someone who is duly elected by the voters? It raises
constitutional issues," the lawmaker said.
Article I of the Constitution empowers the Senate to "determine the rules of
its proceedings, punish its members for disorderly behavior, and, with the
concurrence of two thirds, expel a member."
But senators on both sides of the aisle say expelling Moore would require be
a thorough investigation by the Senate Ethics Committee, which now has its
plate full with separate inquiries into Sen. Al Franken (D-Minn.), who has
been accused of unwanted kissing and groping, and Sen. Bob Menendez (D-N.J.)
, who is accused by the Department of Justice of accepting bribes.
Gardner on Wednesday didn't want to talk about Moore when he was asked about
the latest effort to find a write-in replacement.
"I've made my statement on Alabama," he said hastily before ducking into a
meeting.
Sen. Susan Collins (R-Maine), a moderate, told reporters this week that
after studying the law she has concluded that the Senate would have no
choice but to seat Moore should the Alabama secretary of state certify his
victory.
Stanley Brand, an expert in congressional ethics investigations, said a vote
to expel Moore could run afoul of the 1969 Supreme Court ruling in Powell v
. McCormack because Moore's alleged misconduct took place before the
election and was known to voters.
The court ruled nearly 50 years ago that the House acted unconstitutionally
by voting overwhelmingly to exclude Adam Clayton Powell Jr. of New York
because of alleged personal and financial misconduct.
"If the electorate votes for that member notwithstanding the conduct, the
presumption is they've condoned or pardoned the conduct," Brand said.
He noted the Supreme Court ruled in Clayton v. McCormack that the
qualifications for the Senate are fixed in the constitution and Moore meets
them as a resident of Alabama over the minimum age requirement.
"You can't refuse to seat a member who possesses those qualification. That
leaves open the issue of whether you could expel that member," Brand said.
"If he's elected by the people of Alabama, the presumption is they knew
about the conduct and elected him notwithstanding," he added. "They're in a
tough position in that they're sailing into the teeth of a very tough
Supreme Court precedent if they try to exclude or expel this guy." | B*Q
发帖数: 25729 | 2 驱逐自然是可以的
又不是没先例
只是这帮几呕屁跟本就没卵子
萝莉摸不必惊慌 |
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