.ConnCarroll asks: What can the House do about George Santos?
After reports that incoming Rep. George Santos did not attend the college he claims, does not have the Jewish ancestry he claims, and may have even been married to a woman despite claiming to be gay, incoming House Minority Leader Hakeem Jeffries is now questioning whether he should be allowed in Congress.
Article I, Section 5 of the Constitution does say that “each House shall be the Judge of the Elections, Returns and Qualifications of its own Members.” And in 1967, Speaker of the House John William McCormack used this authority to refuse to administer the oath of office to Rep. Adam Clayton Powell , who had kept his former third wife on his staff’s payroll in contravention of House rules. The House would later pass a resolution excluding Powell from Congress.
In a concurrence to the majority opinion, however, Justice William O. Douglas noted that “if this were an expulsion case I would think that no justiciable controversy would be presented.” Article I, Section 5, Clause 2 reads, “Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.”
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