The day after Montana Congressional candidate Greg Gianforte reportedly body-slammed a reporter to the ground, breaking his glasses, Speaker of the House Paul Ryan (R-WI) was asked about whether he would seat Gianforte if the candidate won his special election. After condemning Gianforte’s behavior, Ryan stated, “If he wins, he has been chosen by the people of Montana who their congressman is going to be. I’m going to let the people of Montana decide who they want as their representative.”
Now, it’s likely that the Supreme Court forbids Ryan from refusing to seat Gianforte. In 1967, the House of Representatives initially refused to seat Rep. Adam Clayton Powell (D-NY) on grounds of corruption; he sued, and the Court found that unless the elected official violated age, citizenship or residency requirements, he would have to be seated. If Congress wanted to expel a member, they could vote to do so with a two-thirds majority. This makes sense — otherwise a majority in Congress could simply refuse to seat anyone in the minority, without any rhyme or reason provided.
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