Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

24601

(4,146 posts)
24. Yes he could still vote in Congress. There are only a few ways to remove a member of Congress. One
Tue Dec 23, 2014, 07:17 PM
Dec 2014

is to die on office. In the absence of death, there is resignation. Then there is the most common method of removing a member - by voting him/her out of office.

Finally, there is the least common method - a vote of 2/3 of the sitting members can expel a member.

The Constitution is pretty clear on the requirements for holding office and there are no provisions for recalling a member or for term limits.

It's less clear if a previous impeachment & conviction can bar someone from serving as a member of congress. For example, Alcee Hastings (D-Florida, 20th District) was a federal judge who was impeached by the House and Convicted by the Senate in 1989. As a result, he was removed from his judiciary position. The Constitution says that the consequences of impeachment are limited to removal from office (which he was) and a bar from holding future office (which the Senate did not specifically vote on, so he was not prohibited from being elected to/serving as a member of the U.S. House of Representatives).

http://en.wikipedia.org/wiki/Alcee_Hastings

From the Wiki Article: "In 1988, the Democratic-controlled U.S. House of Representatives took up the case, and Hastings was impeached for bribery and perjury by a vote of 413-3. He was then convicted in 1989 by the United States Senate (also controlled by the Democrats), becoming the sixth federal judge in the history of the United States to be removed from office by the Senate. The Senate, in two hours of roll calls, voted on 11 of the 17 articles of impeachment. It convicted Hastings of eight of the 11 articles. The vote on the first article was 69 for and 26 opposed,[3] providing five votes more than the two-thirds of those present that were needed to convict. The first article accused the judge of conspiracy. Conviction on any single article was enough to remove the judge from office."

Recommendations

0 members have recommended this reply (displayed in chronological order):

Special election in my district coming up but i doubt we will win it. hrmjustin Dec 2014 #1
Isn't he the Congressman who threatened the TV reporter? DuckBurp Dec 2014 #2
Yes. vkkv Dec 2014 #5
It will beinteresting to see how the media reacts to this... mikeysnot Dec 2014 #10
He actually spun this as a positive in his campaign, believe it or not. Nye Bevan Dec 2014 #12
the judge really needs to throw his ass in the slammer rurallib Dec 2014 #3
Hey, watch 'em move Alex Sink up to New York. Or hey - Martha Coakley from MA!!! calimary Dec 2014 #4
Maybe it's just me vkkv Dec 2014 #7
So I live a district and a half away from Alex Sink. She is, like all of us, flawed, but on the 24601 Dec 2014 #14
Fair enough. But to me, she was the poster child for what's been wrong with the Democratic Party's calimary Dec 2014 #21
Tampa and St Pete. (& Clearwater, etc) are one television market. When there is a Special Election 24601 Dec 2014 #23
Felony conviction means he cannot vote, so vkkv Dec 2014 #6
Yes he could still vote in Congress. There are only a few ways to remove a member of Congress. One 24601 Dec 2014 #24
Great. He doesn't pay his taxes. iscooterliberally Dec 2014 #8
And the republicans will still vote for him... mikeysnot Dec 2014 #9
for emphasis: The Staten Island Republican will enter the plea of guilty UpInArms Dec 2014 #11
A Grimm Future? Ryan Fitzomething Dec 2014 #13
The little weasle pled out. I wished he'd had fought it out and got a real sentence. marble falls Dec 2014 #15
Details? Ruby the Liberal Dec 2014 #16
He pled guilty to one charge. marble falls Dec 2014 #17
Jail? Out of office now? Ruby the Liberal Dec 2014 #18
He's trying to stay out of jail and in office. I bet he does at least some time and loses his office marble falls Dec 2014 #19
It is my hope donnasgirl Dec 2014 #20
It is my hope William Seger Dec 2014 #22
To my knowledge donnasgirl Dec 2014 #25
Has he been convicted? hrmjustin Dec 2014 #26
Not yet donnasgirl Dec 2014 #27
And your thoughts on Grimm? hrmjustin Dec 2014 #28
I believe donnasgirl Dec 2014 #29
Thanks for answering. hrmjustin Dec 2014 #30
Latest Discussions»Latest Breaking News»Rep. Michael Grimm to ple...»Reply #24