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could the senate keep roy moore out if he were elected? don't bet on it

could the senate keep roy moore out if he were elected? don't bet on it News Article With The full text news. The Resource Link is down the post and you can View this News Article in the source page.



could the senate keep roy moore out if he were elected? don't bet on it

roy moore, the republican candidate for the vacant senate seat left by atty. gen. jeff sessions, has been accused of sexual misconduct with several teenagers. so far, he has stridently maintained that he will not withdraw from the race, leading to speculation about whether the senate could refuse to seat him or expel him if he were to win the special election dec. 12.most constitutional law experts agree that under the supreme court decision powell vs. mccormack, the senate can’t refuse to seat moore. there is much more uncertainty, however, over whether he could be expelled after he takes his seat.in 1967, the house excluded new york rep. adam clayton powell jr. at the beginning of the 90th congress because powell had been accused of misappropriating public funds. he challenged the house’s decision, and the supreme court held that, because powell met the constitution’s age, residency and citizenship requirements, he had to be given his seat.if moore wins the election, it is far from clear that the senate could expel him even if two-thirds of the senate voted to do so.the justices rejected the house argument that it had expelled powell as allowed by the constitution. article i, section 5 states that “each house [of congress] may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two- thirds, expel a member.” two-thirds of the house had voted against powell, but because the congressman had never formally b...