General Discussion
In reply to the discussion: "seems like a good day to remind everyone that in 1861, 11 senators and 3 representatives refused to [View all]ExtremelyWokeMatt
(161 posts)Previous articles take over there probably, about them having discretion to set the guiding principles/rules in doing their business.
Per the document:
Implementation
It is unclear whether Section 3 is self-executing, which, if it is not, would leave federal and state courts or election authorities without power to determine the eligibility of candidates unless Congress enacts legislation to permit it. Courts have produced mixed results on this question. Section 3 does not expressly provide a procedure for its implementation other than Section 5s general authority of Congress to enforce [the Fourteenth Amendment] by appropriate legislation. There might be multiple ways Congress could enforce the Disqualification Clause, including relying on federal criminal prosecution for insurrection and treason, allowing private civil enforcement through writs of quo warranto or other procedures, enacting new legislation establishing general procedures for adjudicating disqualification under Section 3 or for identifying specific disqualified individuals, or unicameral measures by the House or Senate to exclude or expel individuals from their respective houses.
An exclusion occurs when either the House or Senate refuses to seat a Member-elect. That power derives from the Constitutions charge that Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members and may be achieved by the vote of a simple majority. An expulsion, on the other hand, occurs when either chamber removes one of its current Members. (Read: may, this is one option)