Response to question on Senate 2/3s supermajority if over 1/3 arrested, (lb)
>>4740844 (notable from #6050 pb)
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For Senate, if over 1/3 members arrested, how to evict those members from Senate?
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Apparently, since 1975 need supermajority (2/3's) of "duly chosen and sworn" (i.e., elected) members for much, BUT NOT RULE CHANGES.
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For rule changes, needs 2/3s supermajority of "present and voting" Senators. So…
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If mass arrests, remaining good Senators can vote (present and voting) to change the rule on ejecting members from Senate. Vote to change eject supermajority from "duly chosen and sworn" to "present and voting."
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after rule change, good remaining Senators can vote to evict non-present (e.g., GITMO) bad Senators.
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nonlawfag theory, not sure what lawfags have to say.
Sauce: https://politics.stackexchange.com/questions/1986/how-many-votes-is-a-senate-supermajority-when-there-are-vacancies