Constitution Could Prohibit Congress From Denying Seat to Congressman-Elect Santos — Even If He Did Lie
It’s another New York solon’s case that discovered the limits to the freedom of action of legislative houses in deciding who gets seated.
As Congress wrestles with what to do about Representative-elect George Santos and his reams of fabrications, the biggest stumbling block may be the Constitution he could soon be asked to swear to uphold.
Article I, Section 5 of the national parchment grants Congress a healthy measure of self-government: “Each House shall be the judge of the elections, returns and qualifications of its own members.” Voters elect representatives, but the chambers police themselves.
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