Can You Expel a Sitting Senator?

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iStock

In light of recent allegations, Republican Senator Cory Gardner of Colorado this week said that if Alabama Senate candidate Roy Moore “refuses to withdraw and wins, the Senate should vote to expel him, because he does not meet the ethical and moral requirements of the United States Senate.” Meanwhile, Senator Bob Menendez, Democrat of New Jersey, has been involved in a high profile corruption trial, with calls that he should resign or be expelled if convicted. Has anything this drastic ever happened before?

Yes, but not for a very long time. Once you’ve been voted into the Senate, it’s difficult to get you out.

REFUSING TO SEAT

Refusing to even seat a senator is very rare, but one example from over 100 years ago also involved Alabama.

In 1913, Alabama Senator Joseph F. Johnston died just a few months after the ratification of the 17th Amendment to the Constitution. The Amendment allowed for direct election of senators, as well as clarifying the role of the state in calling special elections. Alabama’s governor put up Representative Henry Clayton, but he soon resigned the appointment. This was followed by Frank Glass, a local newspaper editor. As Glass was about to be seated, senators worried that his appointment was illegitimate (similar fears had surrounded Clayton). As one senator said at the time, “I believe that the [17th] Amendment means exactly what it says. It is perfectly plain and unambiguous. It simply means from this time forward every senator of the United States must be elected by the people, unless the legislature of a state by express terms empowers the executive to make temporary appointments to fill vacancies. The legislature of the state of Alabama has not given such power to the executive.”

By a vote of 32-31, the rest of the Senate agreed and refused to seat Glass, leading to a special election in 1914 that brought in a new senator.

Since then there have been multiple attempts to not seat a senator—most famously Roland Burris in 2009, who was appointed by Illinois governor Rod Blagojevich under the cloud of corruption charges (though he was ultimately let in). But in reality a refusal to seat a senator is unlikely to succeed.

In 1969, the Supreme Court ruled in Powell v. McCormack that as long as a duly elected representative met the age, citizenship, and residence requirements of the Constitution, they could not be excluded from the House. They could be expelled after taking their seat, but not excluded. Since it’s generally felt that this ruling extends to the Senate, it would likely not be possible to exclude an elected senator from their seat. But once that seat is taken, expulsion becomes a possibility.

EXPULSION

The United States Constitution states that, “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.” However, this is exceedingly rare.

The first time it happened was in the 1797 case of William Blount, one of the first two senators from Tennessee. According to the Senate, Blount had worked on a plan to take control of Spanish Florida and Louisiana and transfer them to the British with the help of Native Americans and frontiersmen. This plot was discovered and Blount was expelled, but not until he was impeached by the House of Representatives (the House has the sole power of impeachment, and it falls to the Senate to try the impeachment). The Senate ultimately decided not to try the impeachment, although whether that’s because senators believed that they themselves are unimpeachable or because Blount was unimpeachable because he had already been expelled and thus ceased being a senator is up for debate.

The next attempt at expulsion was in 1808, when Ohio’s John Smith was caught up in the Aaron Burr controversies. When it came to vote, the tally was 19 yeas for expulsion and 10 nays. Since the Constitution requires a two-thirds majority, Smith was saved from expulsion by one vote, although he would resign soon after.

The largest crop of expulsions was in 1861 and 1862, in regards to senators from southern states. As some senators were still officially members of the Senate, despite representing seceding states, it was felt that their status should be clarified by expulsion. As a result, 10 senators were expelled on July 11, 1861 (the expulsion order of one of the senators, William K. Sebastian of Arkansas, was later posthumously revoked after it was determined the charges “were as regards Sebastian merely a matter of suspicion and inference and wholly unfounded as to fact” and he didn’t commit conspiracy against the government). Later, a few more senators were expelled on the charge of supporting the rebellion. Including Sebastian, a grand total of 14 senators would be expelled during the Civil War. Since then, no senator has been expelled.

That’s not to say there haven’t been attempts. Cases since the Civil War have ended in either an exoneration or the senator leaving office before the vote. The most recent near-expulsion was Nevada Senator John Ensign in 2011 under accusations that he broke federal laws while attempting to cover up an affair. At the time, Senator Barbara Boxer of California said the case was “substantial enough to warrant the consideration of expulsion.” Ultimately, Ensign resigned.

It has been 155 years since the last senator was expelled. Whether—or when—that fact will change only time will tell.

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A New Ruth Bader Ginsburg Bobblehead Is Available for Pre-Order

The National Bobblehead Hall of Fame and Museum
The National Bobblehead Hall of Fame and Museum

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The late Ruth Bader Ginsburg was a devout champion for feminism and civil rights, and her influence stretched from the halls of the Supreme Court to the forefront of popular culture, where she affectionately became known as the Notorious RBG. Though there are plenty of public tributes planned for Ginsburg in the wake of her passing, the National Bobblehead Hall of Fame and Museum has a new RBG bobblehead ($25) available for pre-order so you can honor her in your own home.

There are two versions of the bobblehead available, one of Ginsburg smiling and another with a more serious expression. Not only do the bobbleheads feature her in her Supreme Court black robe, but eagle-eyed fans will see she is wearing one for her iconic coded collars and her classic earrings.

RBG is far from the only American icon bobblehead that the Hall of Fame store has produced in such minute detail. They also have bobbleheads of Abraham Lincoln ($30), Theodore Roosevelt ($30), Alexander Hamilton ($30), and dozens of others.

For more information on the RBG bobblehead, head here. Shipments will hopefully be sent out by December 2020 while supplies last.

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Why Do Cats Throw Up So Often?

Pixabay, Pexels
Pixabay, Pexels

Nearly every cat owner is used to regularly finding something their kitty coughed up hidden around their home. Vomiting in cats can happen so often that it's easy to grow desensitized to the behavior, but veterinarians say that the sight of your cat throwing up should never be ignored. Though it's usually benign, vomiting may indicate a health problem that needs to be taken care of.

To gauge whether your cat's puke is a sign of something serious, look for certain clues. According to The Spruce Pets, eating too fast is one of the most common causes of vomiting in cats, and it's usually harmless. If your cat hacks up undigested food immediately following meal times, that's likely the culprit. This behavior can be prevented by feeding your pet smaller portions, or adding an obstruction like a medium-sized ball to their bowl that they have to eat around. If the problem still persists, there may be something else causing it.

Hairballs are another potential source of your cat's retching. They may be just a gross annoyance to you, but to your cat, they can pose a serious health risk. Cats cough up the fur they can't digest, and if they don't, it could create a dangerous obstruction in their bowels. One way to help your hairball-prone cat is to brush them regularly. That way, there will be less fur for them to lick up.

These are the less concerning reasons for a cat to throw up. Vomiting can also be a symptom of health problems like feline inflammatory bowel disease, feline diabetes, hyperthyroidism, and chronic kidney disease. It's also possible that your cat ingested something harmful.

If there's no obvious explanation for your cat's vomiting, it's a good idea to reach out to your vet. While throwing up one to three times a month is considered normal, a cat that throws up multiple times in a short period may need medical attention. When analyzing your pet's behavior, look for other symptoms as well: Cats that exhibit symptoms like diarrhea or loss of appetite in addition to throwing up should always be taken to the vet.

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