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"... a serious discussion about whether individual Republican House Members are disqualified ...." (Original Post) L. Coyote Feb 2022 OP
I will definately be getting I_UndergroundPanther Feb 2022 #1
Marc Elias... YOU ROCK!! AmBlue Feb 2022 #2
Better hurry. Not sure a conviction is required under S 3, but bet it Hoyt Feb 2022 #3
The Judicial branch has no say in House membership. Gore1FL Feb 2022 #14
Disagree, unless there is overwhelming evidence. That likely requires indictment and/or conviction. Hoyt Feb 2022 #20
That conflicts with separation of powers. Gore1FL Feb 2022 #21
Don't think "he's a trump supporter so kick him out of his elected position" works in a Democracy. Hoyt Feb 2022 #22
If they are tied to 1-6 via the congressional committee investigation it, that should be enough. nt Gore1FL Feb 2022 #23
Don't agree. Now if they show Gym Jordan called trump and told him to sic the Proud Boyz on Hoyt Feb 2022 #24
I agree it should be more than a phone call. Gore1FL Feb 2022 #25
Thanks. Take care. Hopefully things will work out. Hoyt Feb 2022 #26
They might well have a say on whether there was officially, legally, an insurrection quakerboy Feb 2022 #27
Certainly that is the major part of their purview. The U.S. House is none of their purview. Gore1FL Feb 2022 #29
you are arguing against semantics that werent used. quakerboy Feb 2022 #30
Not a basis. It would be supportive. Let me quote an authoritative source: Gore1FL Feb 2022 #31
Are you a lawyer? quakerboy Feb 2022 #32
And this seems to include Couy Griffin, 1/6 defendant and founder of Cowboys for Trump duhneece Feb 2022 #4
Rt TY & Marc Elias! Cha Feb 2022 #5
This message was self-deleted by its author BadgerMom Feb 2022 #15
over ONE HUNDRED of them OFFICIALLY ENDORSED that shame Skittles Feb 2022 #6
The Sedition Caucus, 147 members L. Coyote Feb 2022 #9
Well here are two interesting articles which I haven't read all of Uncle Joe Feb 2022 #7
Better have that discussion NOW. . . .nt Bernardo de La Paz Feb 2022 #8
So... It would take a 2/3s vote to keep one of those RainCaster Feb 2022 #10
It would take a 2/3 vote to dismiss them. SergeStorms Feb 2022 #12
I read it the same as RainCaster ... aggiesal Feb 2022 #16
Does anyone feel like we need a break? hydrolastic Feb 2022 #19
Needs to include all of the insurrectionist that are now running for office for the first time Sucha NastyWoman Feb 2022 #11
Where patriotism outweighs tribalism, they will bepunished at the polls. L. Coyote Feb 2022 #13
Kick for Marc Elias Cha Feb 2022 #17
Cawthorn is the test case here Deminpenn Feb 2022 #18
I can see different ways to read this and take it quakerboy Feb 2022 #28

AmBlue

(3,110 posts)
2. Marc Elias... YOU ROCK!!
Fri Feb 11, 2022, 12:01 AM
Feb 2022

This guy is killin' it. Have donated to Democracy Docket to support his efforts several times.

 

Hoyt

(54,770 posts)
3. Better hurry. Not sure a conviction is required under S 3, but bet it
Fri Feb 11, 2022, 12:06 AM
Feb 2022

won’t work without one. Although might could remove them later.

Personally, think we need to prepare to beat these deplorables at the polls, and stop trying to find some questionable method of disqualifying them.

Gore1FL

(21,130 posts)
14. The Judicial branch has no say in House membership.
Fri Feb 11, 2022, 01:57 AM
Feb 2022

Nancy Pelosi will still have the gavel and should refuse to seat any that managed to get re-elected.

 

Hoyt

(54,770 posts)
20. Disagree, unless there is overwhelming evidence. That likely requires indictment and/or conviction.
Fri Feb 11, 2022, 11:52 AM
Feb 2022

Don't like GOPers either, but one can't talk about preserving Democracy and refuse to seat duly elected representatives. Sorry.

Gore1FL

(21,130 posts)
21. That conflicts with separation of powers.
Fri Feb 11, 2022, 12:30 PM
Feb 2022

From Article 1, Section 5:

Each House shall be the judge of the elections, returns and qualifications of its own members,

 

Hoyt

(54,770 posts)
22. Don't think "he's a trump supporter so kick him out of his elected position" works in a Democracy.
Fri Feb 11, 2022, 12:41 PM
Feb 2022

I get despising them, but this is a Democracy.

Gore1FL

(21,130 posts)
23. If they are tied to 1-6 via the congressional committee investigation it, that should be enough. nt
Fri Feb 11, 2022, 12:58 PM
Feb 2022
 

Hoyt

(54,770 posts)
24. Don't agree. Now if they show Gym Jordan called trump and told him to sic the Proud Boyz on
Fri Feb 11, 2022, 02:04 PM
Feb 2022

the Capitol, yeah disqualify him. But just because he called the Prez, ain't enough in a true Democracy.

Gore1FL

(21,130 posts)
25. I agree it should be more than a phone call.
Fri Feb 11, 2022, 02:07 PM
Feb 2022

My point is that the determinations will be intra rather than inter-branch.

This has been a great conversation. I have an extra heart to give out. It's yours, now!

quakerboy

(13,920 posts)
27. They might well have a say on whether there was officially, legally, an insurrection
Fri Feb 11, 2022, 10:47 PM
Feb 2022

I assume that you agree that adjudicating whether a specific legal crime or offense or situation has occured is a major part of their purview?

Gore1FL

(21,130 posts)
29. Certainly that is the major part of their purview. The U.S. House is none of their purview.
Fri Feb 11, 2022, 11:01 PM
Feb 2022

The House has that ability in this situation, and the Constitutional authority to set whatever guidelines they feel like they can enforce. Would a court case help to add credibility? Absolutely. I hope many are tried.

There is no Constitutional means for the Judiciary to intervene in House of Representative operations.

quakerboy

(13,920 posts)
30. you are arguing against semantics that werent used.
Fri Feb 11, 2022, 11:13 PM
Feb 2022

Noone said that the judiciary would remove house members. The post you responded to literally indicated that convictions would give the legislature the basis for removing them.

As to the rest.. think about the implications. If the house doesn't need any legal basis to decide that a member participated in an insurrection and wont be allowed to be seated.. What happens the next time the R's take over?

Gore1FL

(21,130 posts)
31. Not a basis. It would be supportive. Let me quote an authoritative source:
Fri Feb 11, 2022, 11:23 PM
Feb 2022
Article I of the U.S Constitution, Section 5
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members...

quakerboy

(13,920 posts)
32. Are you a lawyer?
Sat Feb 12, 2022, 03:51 AM
Feb 2022

If so, i cede your argument on the basis that you are using technical terminology and I am using descriptive. If not.. well, i dont know enough about the technical terminology to continue on that basis.

However, I will ask this. Whatever the technical wording is, if the precedent is set of excluding elected persons without anything definitively supportive to meet the grounds of that exclusion or expulsion, which group do you think will make most free use of that newly realized power when they control the body?

duhneece

(4,112 posts)
4. And this seems to include Couy Griffin, 1/6 defendant and founder of Cowboys for Trump
Fri Feb 11, 2022, 12:08 AM
Feb 2022

I’m watching closely. May be worth a visit with an attorney if Couy files to run in March.
Following with baited breath.

Response to Cha (Reply #5)

L. Coyote

(51,129 posts)
9. The Sedition Caucus, 147 members
Fri Feb 11, 2022, 12:52 AM
Feb 2022

If they claim they believed the lies, that's even more pathetic than joining #FailedCoupGuy's tragic plotting. Either way, stupid or ignorant, there's no excuse for criminally trying to overthrow democracy.


SergeStorms

(19,199 posts)
12. It would take a 2/3 vote to dismiss them.
Fri Feb 11, 2022, 01:38 AM
Feb 2022

And you know how these vermin stick together, even with the most damning evidence against the others.

Right, wrong, guilt, innocence......these words mean nothing to the sitting GQP Representatives.

aggiesal

(8,914 posts)
16. I read it the same as RainCaster ...
Fri Feb 11, 2022, 02:27 AM
Feb 2022
But, Congress may by a vote of two-thirds in each House, remove such disability.


The word "But" at the start of the sentence is trying to "not" use the penalties mentioned with 2/3rds vote in each House.

hydrolastic

(487 posts)
19. Does anyone feel like we need a break?
Fri Feb 11, 2022, 06:17 AM
Feb 2022

I mean we can get rid of these people but only if we can get...... (some unobtainable item)

Sucha NastyWoman

(2,748 posts)
11. Needs to include all of the insurrectionist that are now running for office for the first time
Fri Feb 11, 2022, 01:04 AM
Feb 2022

There’s one named Middleton in Texas (not in my Congressional district)

quakerboy

(13,920 posts)
28. I can see different ways to read this and take it
Fri Feb 11, 2022, 10:53 PM
Feb 2022

Seems to me that we are unlikely to apply it at all, because even now, our elected officials are by and large too willing to just let things go and not fight.

That said.. the easiest way to apply it would be to apply to to individuals who actively participated in attacking the capital. Which would not include any current active house members (at least, not unless/until someone proves their participation in a court). But It would apply to the new crop of Trump snowflakes who are hoping to win office in the next election.

And that.. might have a chance of some bipartisanship, given the way they want to win positions is largely by displacing regular old shrub type republicans from their positions

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