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babylonsister

(171,155 posts)
Sun Jan 3, 2021, 07:44 AM Jan 2021

Precedent? Ten Senators Expelled-July 11, 1861

Could happen, has happened, but not in awhile. Maybe it's time. A girl can dream...

https://www.senate.gov/artandhistory/history/minute/Ten_Senators_Expelled.htm

Ten Senators Expelled
July 11, 1861
Abraham Lincoln by Freeman Thorp


For what reasons should the Senate expel a member? The Constitution simply states that each house of Congress may "punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member." When the Senate expelled William Blount in 1797 by a nearly unanimous vote, it had reason to believe he was involved in a conspiracy against the United States.

Sixty-four years later, at the start of the Civil War, senators again turned to this constitutional safeguard. Between December 1860 and June 1861, 11 of the nation's 34 states had voted to withdraw from the Union. What was the status of their 22 senators at the beginning of the 37th Congress? Some were no longer senators because their terms had expired. Others sent a letter of resignation. Still others, believing their seats no longer existed, simply left without formal notice. Several remained, despite their states' departure.

During a brief special session in March 1861, weeks before the start of hostilities, the Senate decided to consider these seats as vacant to avoid officially recognizing that it was possible for a state to leave the Union.

On the Fourth of July 1861, with open warfare in progress, President Abraham Lincoln convened Congress to deal with the emergency. With all hope of reconciliation gone, the Senate took up a resolution of expulsion against its 10 missing members. The resolution's supporters argued that the 10 were guilty, like Blount years before, of conspiracy against the government. In futile opposition, several senators contended that the departed southerners were merely following the dictates of their states and were not guilty of personal misconduct.

On July 11, 1861, the Senate quickly passed Senate Daniel Clark's resolution, expelling all 10 southern senators by a vote of 32 to 10. By the following February, the Senate expelled another four senators for offering aid to the Confederacy. Since 1862, despite considering expulsion in an additional 16 instances, the Senate has removed no member under this provision.

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Response to babylonsister (Original post)

Squidly

(784 posts)
3. well, if there is violence on the 6th
Sun Jan 3, 2021, 08:05 AM
Jan 2021

and these MFers condone it or promote it, then I hope we do more than just expel them

gab13by13

(21,712 posts)
5. So, I agree with the action, but,
Sun Jan 3, 2021, 08:16 AM
Jan 2021

assuming these Republicans are expelled, wouldn't they just be replaced by their Republican governors with even crazier Senators?

Towlie

(5,339 posts)
8. Three of the offending senators are from states with Democratic governors.
Sun Jan 3, 2021, 08:44 AM
Jan 2021

 
?

Ron Johnson is from Wisconsin and its governor is Democrat Tony Evers, whose term ends in 2023.
John Kennedy is from Louisiana and its governor is Democrat John Bel Edwards, whose term ends in 2024.
Roger Marshall is from Kansas and its governor is Democrat Laura Kelly, whose term ends in 2023.

That is, if the data from Wikipedia's List of Governors is correct.

(Steve Daines is from Montana and its governor is Democrat Steve Bullock, but he reached his term limit and will be replaced by Republican Greg Gianforte.)

FBaggins

(26,880 posts)
9. All that effort in bolding and you missed the only important part?
Sun Jan 3, 2021, 08:44 AM
Jan 2021
“and, with the Concurrence of two thirds,

IOW... the theory is just as nutty as the thought that the 25th Amendment would save us from Trump.

babylonsister

(171,155 posts)
11. I didn't suggest it was doable,
Sun Jan 3, 2021, 11:07 AM
Jan 2021

because of that 2/3 majority, but only wanted to point out that it's been done.

onenote

(42,988 posts)
13. The situation in 1861 is not comparable to the situation today.
Sun Jan 3, 2021, 12:02 PM
Jan 2021

The states whose senators were expelled had formally seceded and were at war with the United States. While those Senators had not formally withdrawn from the Senate, they hadn't shown up either.

Here is the resolution of expulsion:

https://www.senate.gov/artandhistory/history/common/expulsion_cases/pdf/CW150_11Jul1861_Resolution.pdf

 

berni_mccoy

(23,018 posts)
14. I know. I just wanted to point out that won't work under the current Congress
Sun Jan 3, 2021, 12:20 PM
Jan 2021

Even though it’s completely justified.

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