Can a Member of the House Be Removed
Today's batch of called-for questions, my smart-aleck answers and the real deal:
Question: Note: After my Sunday column about U.S. Rep. Madison Cawthorn fomenting coup, several readers asked if it's possible to remove a sitting member of Congress. I had mentioned folks were talking about recalling him, but several astute readers pointed out recall is not an pick. They and others did ask this question: Is at that place a mechanism for removing Cawthorn from part, or any sitting congress person for that thing?
My answer: You have to acknowledge, the catapult would probably be a popular option these days.
Real answer: As we may look from our politicians, they don't make removal easy. That'southward why...
"Merely five people in Congressional history take been removed," said Chris Cooper, a political scientist at Western Carolina University, adding that Cawthorn's removal is very likely "a longshot."
As I noted in that Sunday column, Cawthorn, who was but sworn in this month, is a staunch Trump supporter and far-right Republican who'south endorsed debunked conspiracy theories that the election was stolen from Trump. And on the day of the Capitol riots, in a speech beforehand, Cawthorn referred to his young man congressmen as "cowards."
In a spoken language in another video weeks ago, Cawthorn tells the audience to "lightly threaten" members of congress over the election results. So his behavior has been less than exemplary, and I argued that he has fomented insurrection.
More:The Constitution makes information technology clear: It's time for Madison Cawthorn to resign | OPINION
Just to be crystal clear, the Constitution does non include a provision for "recall," a process in which voters vote to remove a politician.
There are provisions for removal, called "expulsion," or for refusing to seat the congress fellow member, called "exclusion," Cooper noted. Cooper pointed me to a 2022 Congressional Research Service newspaper that outlines the procedures.
This gets pretty detailed, then I'chiliad going to hitting the highlights. First, let's look at recall.
"As to removal by recall, the United States Constitution does not provide for nor authorize the think of United States officers such equally senators, representatives, or the president or vice president, and thus no fellow member of Congress has ever been recalled in the history of the United States," the research paper states.
More:Viral petition for Cawthorn resignation, largest, 'fastest-growing' Modify.org says
Call up was considered in 1787, when the Constitution was drafted, "but no such provisions were included in the final version sent to united states of america for ratification," the paper states.
Here's what the Congressional Inquiry Service says about expulsion, in part:
"Under the The states Constitution and congressional practice, members of Congress may accept their services ended prior to the normal expiration of their constitutionally established terms of office past their resignation or death, or past action of the house of Congress in which they are a fellow member by manner of an 'expulsion,' or by a finding that in accepting a subsequent 'incompatible' public office, the member would be deemed to have vacated his congressional seat," the paper states.
Expulsion from either the Senate or House of Representatives would occur "upon a formal vote on a resolution agreed to past two-thirds of the members of that body present and voting." And so it would accept a 2-thirds vote of the 435 members of the House to remove Cawthorn.
"While there are no specific grounds for an expulsion expressed in the Constitution, expulsion actions in both the Business firm and the Senate have more often than not concerned cases of perceived disloyalty to the U.s., or the conviction of a criminal statutory offense which involved abuse of one's official position," the enquiry paper states. "Each house has broad authority equally to the grounds, nature, timing, and procedure for an expulsion of a member."
More:'Blood on his hands:' Local Republicans feel duped, walk back support of Madison Cawthorn
But, the paper speedily notes "policy considerations, as opposed to questions of authority, have appeared to restrain the Senate and Business firm in the exercise of expulsion when it might exist considered equally infringing on the electoral process, such as when the electorate knew of the past misconduct under consideration and yet elected or re-elected the Member."
Cooper offered a succinct translation.
"We only had the election less than 3 months ago that put Cawthorn in office, so it's hard to debate the (majority of) people want him out," Cooper said. "So, unless a whole lot of Republicans flip on this, I don't think that has much of a chance."
We're going in the weeds a bit now, only Cooper also directed me to footnote #8 in the research paper, which cites the 1969 court case of Powell v. McCormack.
This footnote states there's also a "disqualification" provision in the 14th Amendment, "where 1 may exist 'disqualified' from holding congressional role for engaging in insurrection or rebellion against the The states or giving aid or comfort to our enemies after having taken an oath to support the Constitution. This provision might be used to 'exclude,' that is, not to seat a person elected to Congress for failing to come across the qualifications."
While I certainly feel Cawthorn fomented the insurrection and rebellion that occurred at the U.South. Capitol Jan. 6, lawyers and members of Congress would likely want to weigh in with some complex legal arguments on all of this. Cawthorn has walked dorsum his comments since the coup, and he's even criticized Trump for directing his follower to go to the Capitol.
As Cooper says, even though Democrats have a bulk in Congress, they don't have a two-thirds majority, and then quite a few of Cawthorn'southward Republican compatriots would have to bring together the Democrats in expelling or removing him.
A reader who wrote to me about all this summarized the situation well, getting a dig in at Cawthorn's seeming admiration for Hitler along the way. In a trip to Frg and Hitler's retreat known as the Eagle's Nest, Cawthorn said the excursion was on his "saucepan list," and he referred to Hitler as "the Fuhrer," a term of respect.
The Constitution, the reader said, "allows only two (legal) means to remove this Teutonic twerp from function: expulsion by a two-thirds vote of his Firm colleagues, or defeat in his re-ballot bid in 2022."
Yep, let's all remember how of import voting is.
This is the opinion of John Boyle. To submit a question, contact him at 232-5847 or jboyle@citizen-times.com
Source: https://www.citizen-times.com/story/news/local/2021/01/13/answer-man-can-cawthorn-removed-office/6638551002/
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