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Adam Davis
Adam Davis
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Is there a mechanism for the Senate ... to remove a sitting senator for medical cause against his will.

The constitution does not provide for the removal of senators due to incompetence other than the 2/3 majority vote for expulsion. This high bar recognizes the sovereign nature of each state in the US republic - the states themselves are responsible for putting forth capable congresspersons and recalling incapacitated congresspersons. To lower the bar would give rise to disenfranchisement of states. A 2/3 majority of the chamber, the same bar for a constitutional amendment, is sufficient to ensure adequate representation for each state and only in extreme cases would congress expel any member.

This is similar to the Supreme Court, where only an impeachment process can be used to expel a judge, and while it does seem to be a punishment, it has been used for medical incompetence.

Is there a mechanism for the Senate ... to remove a sitting senator for medical cause against his will.

The constitution does not provide for the removal of senators due to incompetence other than the 2/3 majority vote for expulsion. This high bar recognizes the sovereign nature of each state in the US republic - the states themselves are responsible for putting forth capable congresspersons and recalling incapacitated congresspersons. To lower the bar would give rise to disenfranchisement of states. A 2/3 majority of the chamber, the same bar for a constitutional amendment, is sufficient to ensure adequate representation for each state and only in extreme cases would congress expel any member.

This is similar to the Supreme Court, where only an impeachment process can be used to expel a judge, and while it does seem to be a punishment, it has been used for medical incompetence.

Is there a mechanism for the Senate ... to remove a sitting senator for medical cause against his will.

The constitution does not provide for the removal of senators due to incompetence other than the 2/3 majority vote for expulsion. This high bar recognizes the sovereign nature of each state in the US republic - the states themselves are responsible for putting forth capable congresspersons and recalling incapacitated congresspersons. To lower the bar would give rise to disenfranchisement of states. A 2/3 majority of the chamber, the same bar for a constitutional amendment, is sufficient to ensure adequate representation for each state and only in extreme cases would congress expel any member.

Source Link
Adam Davis
Adam Davis
  • 335
  • 1
  • 6

Is there a mechanism for the Senate ... to remove a sitting senator for medical cause against his will.

The constitution does not provide for the removal of senators due to incompetence other than the 2/3 majority vote for expulsion. This high bar recognizes the sovereign nature of each state in the US republic - the states themselves are responsible for putting forth capable congresspersons and recalling incapacitated congresspersons. To lower the bar would give rise to disenfranchisement of states. A 2/3 majority of the chamber, the same bar for a constitutional amendment, is sufficient to ensure adequate representation for each state and only in extreme cases would congress expel any member.

This is similar to the Supreme Court, where only an impeachment process can be used to expel a judge, and while it does seem to be a punishment, it has been used for medical incompetence.