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Expulsion is the most serious form of disciplinary action that can be taken against a member of Congress. [1] The United States Constitution (Article I, Section 5, Clause 2) provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member."
To be a senator, a person must be aged 30 or over. To be a Representative, a person must be aged 25 or older. This is specified in the U.S. Constitution. Most states in the U.S. also have age requirements for the offices of Governor, State Senator, and State Representative.[74]
Denied seat on basis of opposition to World War I and conviction under the Espionage Act; the Supreme Court later overturned the conviction. 1920 After being denied a seat the first time, Wisconsin's 5th congressional district reelected Berger in a special election, though Congress again refused to seat Berger, leaving the seat open until 1921.
The United States Constitution gives the Senate the power to expel any member by a two-thirds vote. [1] This is distinct from the power over impeachment trials and convictions that the Senate has over executive and judicial federal officials: the Senate ruled in 1798 that senators could not be impeached, but only expelled, while debating the impeachment trial of William Blount, who had already ...
After the Supreme Court overturned his conviction in 1921 in Berger v. United States, he was again elected and served three successive terms in the House, from 1923 to 1928. [8] Frank L. Smith (R-Illinois), was refused seating in the United States Senate due to allegations of election fraud in the 1926 United States Senate election in Illinois.
Six were incumbent members of the Senate at the time of their appointment, [1] while one—James Moore Wayne—was an incumbent member of the House of Representatives. The others had previously served in the Senate or the House or both. Additionally, one justice—David Davis—resigned from the Supreme Court to serve in the Senate.
(The Center Square) – The Illinois Supreme Court is considering whether to find a state firearms statute prohibiting open carry unconstitutional in the case Illinois v. Tyshon Thompson. Thompson ...
The court found that the law violated Article 1, Section 2, Clause 2, of the Constitution by providing an additional qualification not provided by the Constitution for election to Congress. [4] That same year, in a separate case, Supreme Court Justice Hugo Black questioned the constitutionality of the same statute. [5]