Can an expelled member of Congress regain their seat?

[Sumner 1868]

My understanding of Article 1 Section 5 is that nothing actually prohibits it.

[NewYorkExpress]

We'll find out on December 13... (Yes, I think Roy Moore's going to win).

[True Federalist (진정한 연방 주의자)]

There have been several who have.  Congress has basically taken the position that if the people decide to send back the scoundrel, who are we to judge unless he does something new.

[President Johnson]

We'll find out on December 13... (Yes, I think Roy Moore's going to win).

That would require the Republicans to actually expell him. I wouldn't count on that. Many Republican congressional members are too afraid of their base.

[NewYorkExpress]

We'll find out on December 13... (Yes, I think Roy Moore's going to win).

That would require the Republicans to actually expell him. I wouldn't count on that. Many Republican congressional members are too afraid of their base.

It doesn't need to be all Republicans. It just needs to be a certain number (2/3's I think) of all members of either the House or Senate. If enough Republicans join with all Democrats...Moore will be expelled.

[CatoMinor]

James Traficant certainly tried

[krazen1211]

Sure. For instance, when Democrat Preston Brooks nearly beat Republican Charles Sumner to death, he ended up resigning his seat but running in the subsequent election. The Democrats voted him in again.

[Perlen vor den Schweinen]

Sure. For instance, when Democrat Preston Brooks nearly beat Republican Charles Sumner to death, he ended up resigning his seat but running in the subsequent election. The Democrats voted him in again.

Hot damn, krazen. You make me feel bad that the Democrat party has called Republican party voters deplorable- this is truly something that the Democrat party must disown. If they don't soon, I will certainly switch over to the not-nearly-as-nasty party. I must flee that ship!

[MASHED POTATOES. VOTE!]

I know state legislature can bar an impeached official from running again. Blago is banned from running for any office in Illinois ever again, or at least was.

[America's Sweetheart ❤/𝕿𝖍𝖊 𝕭𝖔𝖔𝖙𝖞 𝖂𝖆𝖗𝖗𝖎𝖔𝖗]

We'll find out on December 13... (Yes, I think Roy Moore's going to win).

If he does win, I don't think he'll be expelled. this is just like what happened with the Access Hollywood tape. Republicans feigned outrage and then by election day most had already re-endorsed Trump.

[MASHED POTATOES. VOTE!]

We'll find out on December 13... (Yes, I think Roy Moore's going to win).

If he does win, I don't think he'll be expelled. this is just like what happened with the Access Hollywood tape. Republicans feigned outrage and then by election day most had already re-endorsed Trump.

Pretty much. They'd act as if nothing happened rather than face more "why have you expelled Moore while refusing to impeach Trump?"

[Mr. Morden]

this is just like what happened with the Access Hollywood tape. Republicans feigned outrage and then by election day most had already re-endorsed Trump.

This isn't really what happened.  Most of the Republicans in Congress endorsed Trump and never relented, even in the face of the Access Hollywood tape.  Most of those who *did* jump ship after AH never did re-endorse him.  Only a handful unendorsed him and then re-endorsed him.

In Moore's case, which Senate Republicans are actually endorsing him at the moment?  I imagine he'll remain pretty toxic in the Senate and the other GOP Senators will try to avoid him, in a way that they're not trying to avoid Trump.

That said, my guess is that they won't expel him, though they would if they could get assurances from Trump that he's not going to criticize them for it.  They don't fear alienating GOP voters on a Moore expulsion vote itself, but they do fear Trump going after them on it.

[muon2]

I know state legislature can bar an impeached official from running again. Blago is banned from running for any office in Illinois ever again, or at least was.

The ability for the IL Senate to bar an impeached individual from running for office as well as removing them is a specific provision of the IL Constitution.

[brucejoel99]

Yes.

Expulsion from Congress carries w/ it no further "automatic" penalties or disabilities beyond removal from Congress, & no disability providing that members expelled from Congress are ineligible to be re-elected to Congress was included in the U.S. Constitution. Hence, an individual who has been expelled from Congress isn't ineligible to run again for that seat, or for another position in Congress.

The 3 qualifications for congressional office (age, citizenship, & inhabitancy in the state) are established & fixed in the U.S. Constitution; are the exclusive qualifications to congressional office; & may not be added to or altered by the Congress via a statute or internal congressional rule, or by a state unilaterally. A member who has been expelled from Congress & subsequently re-elected may, therefore, not be "excluded" from being seated in Congress based merely on the past misconduct & subsequent congressional discipline.

And although in theory, a previously expelled member reelected to Congress could, after having been seated, be expelled by a 2/3rds vote for misconduct, even past misconduct, both the House & the Senate haven't, as discussed above by True Federalist, as a practice expelled a member for past misconduct when the electorate knew of the conduct & still elected or re-elected the member.

[catographer]

Google Adam Clayton Powell.