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Smackdown2019

(1,265 posts)
Mon Mar 4, 2024, 01:09 PM Mar 2024

Feb 2021 US Congress

" But Congress may by a vote of two-thirds of each House, remove such disability" section 3.

According to the US Supreme Court, did they say Congress have to vote on these cases?

Did a majority voted in both House and Senate in February 2021 he engaged in a insurrection?

Even though an impeachment was not 2/3 of the Senate, they did have 57/43 ruling.

So my question is, section 3 says 2/3 to remove the disability. Didn't say 2/3 to convict. My interpretation is a simple majority.. and takes 2/3 to allow for them hold office... Thoughts?

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Feb 2021 US Congress (Original Post) Smackdown2019 Mar 2024 OP
Correct bucolic_frolic Mar 2024 #1
interesting point...may be more useful politically than legally. nt wiggs Mar 2024 #2

bucolic_frolic

(47,929 posts)
1. Correct
Mon Mar 4, 2024, 01:15 PM
Mar 2024

and I think if you go back to admittance or denial of seating House members 1868-1905, simple majorities were used in both instances. SCOTUS is deferring here to that historical precedent: it is Congress' decision who and how to seat or unseat.

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