Author Topic: Mitch McConnell Fights Back Against POTUS Trump With Roy Moore Scandal  (Read 526 times)

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Offline libertybele

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Re: Mitch McConnell Fights Back Against POTUS Trump With Roy Moore Scandal
« Reply #25 on: November 15, 2017, 08:23:44 PM »

Where is presidential approval in the 17th Amendment or original draft of The Constitution, stating how Senators assume office?

I didn't find where the executive branch has any authority. However, Article I, Section 5 of the U.S. Constitution states; "Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide."

This had been interpreted that members of the House of Representatives and of the Senate could refuse to recognize the election or appointment of a new representative or senator for any reason, often political heterodoxy or criminal record. Powell v. McCormack (1969) limited the powers of the Congress to refuse to seat an elected member to when the individual does not meet the specific constitutional requirements of age, citizenship or residency. From the decision by Chief Justice Earl Warren: "Therefore, we hold that, since Adam Clayton Powell, Jr., was duly elected by the voters of the 18th Congressional District of New York and was not ineligible to serve under any provision of the Constitution, the House was without power to exclude him from its membership.".....

The Federal Contested Elections Act of 1969 currently lays out the procedures by which each House determines contested elections.

The Federal Contested Elections Act of 1969, also FCEA provides a procedure for candidates to the United States House of Representatives to contest general elections by filing with the Clerk of the House. The law delegates all matters involving contested elections first to the Committee on House Administration, which receives jurisdiction of such matters by the rules of the House..........


https://en.wikipedia.org/wiki/Unseated_members_of_the_United_States_Congress
https://en.wikipedia.org/wiki/Federal_Contested_Elections_Act
"I believe in the United States of America as a Government of the people, by the people, for the people; whose just powers are derived from the consent of the governed; a democracy in a republic; a sovereign nation of many sovereign states; a perfect union one and inseparable; established upon those principles of freedom, equality, justice and humanity for which American patriots sacrificed their lives and fortunes. I therefore believe it is my duty to my country to love it; to support its Constitution; to obey it laws; to respect its flag; and to defend it against all enemies." -William Page


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