So the Republicans are happy that they have won a majority for the House of Representatives in the 2022 election. What happens if the election didn’t matter? The Republican majority is currently standing at 220 to 213. That’s a slim margin. What happens when the J6 committee refers House members for criminal prosecution? Reports are that they are considering exactly that for at least 5 Republicans. Here is how that can all change.
Let’s say that the J6 committee gets indictments on Kevin McCarthy, Scott Perry, and Andy Biggs. If those seats are vacant, the Governor of their state gets to name their replacement. That means the Democrat governors of California, Pennsylvania, and Arizona get to name the replacements for those seats. That right there places the House at 217-216. One more indictment, and the entire House swings. That would mean that both houses of Congress and the Whitehouse remain in Democrat hands. This could be why the left is fighting for Arizona’s Governorship so hard. EDITED TO ADD: So I got the process with replacing the Senate and House confused. It would be done with a special election, so they would have some serious fixing to do. I still don’t think that we have seen the end of 2022 election maneuvering. END EDIT
Granted, the Privilege from Arrest Clause, found in Article I, Section 6 of the U.S. Constitution, protects members of the U.S. legislature from being arrested “in all Cases, except Treason, Felony and Breach of the Peace” while Congress is in session. So what if the charges aren’t for refusing a committee subpoena? What if it is for breaching the peace on J6? Or for treason? There is some precedent for this. When the Confederate States’ representatives failed to show up for the Thirty-seventh Congress in March of 1861, the new Senate declared their seats vacant and omitted reading their names on the roll. None of them were expelled, the Senate simply declared their seats vacant and then replaced them.
So it came to pass that a resolution was put before the Senate on on July 10, 1861:
Whereas a conspiracy has been formed against the peace, union, and liberties of the people and Government of the United States; and in furtherance of such conspiracy a portion of the people of the States of Virginia, North Carolina, South Carolina, Tennessee, Arkansas, and Texas, have attempted to withdraw those States from the Union, and are now in arms against the Government; and whereas [the senators from those states] have failed to appear in their seats in the Senate and to aid the Government in this important crisis; and it is apparent to the Senate that said Senators are engaged in said conspiracy for the destruction of the Union and Government, or, with full knowledge of such conspiracy, have failed to advise the Government of its progress or aid in its suppression: Therefore,
Resolved, That the said Mason, Hunter, Clingman, Bragg, Chesnut, Nicholson, Sebastian, Mitchel, Hemphill, and Wigfall be, and they hereby are, each and all of them, expelled from the Senate of the United States.
On July 11, 1861, the Senate voted 32 to 10 to expel the ten senators. I don’t see why something similar couldn’t happen now, but I don’t pretend to understand all of the finer points of House rules. Still, it has been done before.
Or maybe I am wrong. I am just speculating that the left isn’t done screwing around. However, I don’t think that we have seen the end to the political maneuvering from the 2022 election.
8 Comments
Ralph · December 3, 2022 at 8:30 am
Unless I’m misunderstanding, in the house, there must be a called special election, unless the general election is close enough. The state governor has limited power in this situation. The senate is different.
Jim · December 3, 2022 at 8:55 am
None of what happens in politics affects the electorate anymore. This is just infighting for better spots at the trough. Politicians now only worry about how much money and power they can accumulate as they know they can only be replaced by their team members and not by election. It reminds me of how my chickens fight each other for feed even though they are all in the same flock
joe · December 3, 2022 at 9:36 am
there are swamp rats and patriots…. very very few patriots…not sure what these republicans are you speak of… not like they will get shit done but a bunch of “investigations” where no one goes to jail and nothing ever is done…12 of these so called retards voted for the gay marriage bill… so it’s nothing special really if we have 1, both, or all 3… as long as the uniparty is there, they ain’t working for you or me
Jonathan · December 3, 2022 at 11:11 am
I’m not sure the Dems care about House that much – they’ve gotten used to doing what they want through the bureaucracy and that is controlled appointments approved the Senate.
Going into the 2020 election, there were 5 House seats empty due to death or retirement, this is common; have you confirmed that governors can appoint House members? I thought they only appointed Senators, and sometimes not even then depending on state law.
Old Trainer · December 3, 2022 at 11:17 am
A House member is replaced with a special election and NOT appointed. A Senator may be appointed to fill a vacant seat but not a Representative from the House.
Divemedic · December 3, 2022 at 1:00 pm
You are correct. I got that process confused with the Senate. My apologies. So it turns out that I was incorrect.
Old Trainer · December 3, 2022 at 2:38 pm
Eh, that’s ok – I have been know to get stuff turned around too. The only reason it stuck out to me is (long ago) I was a Government/History teacher.
Still – the points you’ve made are valid and we do need to be aware of what is being done and what impact it can have. Thanks!
Elrod · December 4, 2022 at 3:41 am
I’m wondering at what point does America start ignoring Washington and begin concentrating on state and regional issues and relationships.
Washington is, and can continue to be, a playground for the elite and effete without being a burden on the rest of us who actually have stuff to do.
Creation of a version of Alice In Wonderland would be useful, in that the E&E would receive regular shipments of food, booze and hookers and enough money from the states for lights, heat and AC so they could generate enough drama to keep the media interested while the E&E pretended to be important enough to be needed.
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