Rep. Bill Pascrell Jr. (D-NJ-09) is demanding that House leaders refuse to seat the House Republican who are working with Donald Trump to overturn the election results.
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“Simply stated, men and women who want to tear the United States government apart cannot serve as members of Congress. These lawsuits seeking to obliterate public confidence in our democratic system by invalidating the clear results of the 2020 presidential election undoubtedly attack the text and the spirit of the Constitution, which each member swears to support and defend,” Rep. Pascrell wrote in a letter to House leaders.
“Consequently, I call on you to exercise the power of your offices to evaluate steps you can take to address these constitutional violations this Congress and, if possible refuse to seat in the 117th Congress any Members-elect seeking to make Donald Trump an unelected dictator,” he added.
Pascrell’s letter came one day after 106 House Republicans signed an amicus brief in support of a Texas lawsuit which aims to invalidate electors in Michigan, Wisconsin, Pennsylvania and Georgia.
But, Pascrell’s demand for House leadership to refuse to seat a duly-elected congressman is not likely to happen.
In 1969, the U.S. Supreme Court ruled that the Speaker of the House could not exclude a duly-elected candidate for the U.S. House of Representatives.
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In Powell v. McCormack, 395 U.S. 486, the Supreme Court ruled that the House’s Constitutional authority to judge the qualifications of its own members was post facto and could only be exercised via expulsion after a 2/3rd affirmative vote. So, the House and Senate have no discretion when deciding whether to seat a candidate who has been duly elected under state law, but may take steps to expel that member after they have been sworn-in.
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It will be a tall order to remove one elected Republican with a 2/3 vote much less 126.
