Where does the boundaries of voters' choice end and the Senate's authorities begin? Source:  Wikipedia .
Where does the boundaries of voters’ choice end and the Senate’s authorities begin? Source: Wikipedia .

Stan Brand, former general counsel for the U. S. House of Representatives, writes: 

“[E]xpelling Moore might not be as easy as many Republicans seem to think, at least from a legal perspective. One Supreme Court case provides a clue about the limits that may be placed on the Senate if it attempts either to deny Moore a seat or to expel him once he has been seated. In 1967, a special House committee determined that New York Rep. Adam Clayton Powell’s staff had falsified travel expenses and caused illegal payments to his wife. Rather than censure and fine Powell for this misconduct, the House voted by a simple majority to exclude—meaning, refuse to seat—Powell after his reelection. Powell sued, and when Powell v. McCormack made it to the Supreme Court, the court held that the House had acted illegally.”

Read more at “Why the law might not allow the Senate to expel Roy Moore,” Politico.

See also:

Adam M. Carrington, “To inform and recommend: Hamilton and the constitutional ground for interaction between executive officers and Congress,” Presidential Studies Quarterly

Chris Edelson, “The Law: The hollowing out of Youngstown: How Congress and the courts can restore limits on presidential power,” Presidential Studies Quarterly

Gregory Koger, “How to fix Congress: Start with the basics,” Vox

Partnership for Public Service, “Government disservice: Overcoming Washington dysfunction to improve congressional stewardship of the executive branch,” report.

Ira Shapiro, “Byrd’s Rule: Legendary Senate Majority Leader Robert Byrd would be 100 years old today—and appalled by what his beloved Senate has become,” Washington Monthly

Amelia Thomson-DeVeaux, “The workplace culture in Congress fuels sexual harassment,” 538.com

And for those of you looking for something to listen to, consider Necessary & Proper Episode 5: A Chief’s Perspective. Chris Connelly, hill veteran and current Chief of Staff for Congresswoman Vicky Hartzler, R-MO, offers his thoughts on the role of a Chief of Staff in the U.S. House of Representatives, how Congress has changed in the last 20 years, and suggested reforms.



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