Yes it is. Constitution says expulsion by 2/3. No conditions.
Also not clear a Senator can be expelled for pre-Senate conducthttps://twitter.com/politico_steve/status/930175553046548480 …
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Quite different from clause making Congress judge of returns.
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Powell v. McCormack (1969) effectively answered the question under what conditions Congress can refuse to seat (only those enumerated in clause) and expel a member (again, no conditions).
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G Thomas Porteous was impeached and convicted in Senate for pre-federal conduct (Article II). Why would senate expulsion be different?
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The bar on such expulsions is a norm/self-restraint, not a formal limit on the Senate's power. If 2/3 of the Senate wants to open up that can of worms, it can.https://twitter.com/rickhasen/status/930176709915156480 …
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Constitution makes each house sovereign over itself; no explicit limits on things like that. Expulsion is a political process, not a legal one.
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couldnt they just refuse to swear him in?
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No. Clear Supreme Court precedent (Powell v. McCormack).
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I don’t understand what is the basis for the theory you can’t be expelled for pre Senate conduct
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Yes, but continued denial after Senate seating in front of ethics committee would be expellable offense.
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I'm probably misremembering, but if the Senate determined, e.g., that Roy Moore were not qualified because, e.g., he resides in Alaska, not Alabama, isn't that nonreviewable under Powell?
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which is to say, the senate doesn't need to give its reasons if it wants to insulate the vote.
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Powell v McCormack suggests yes
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