The principle for discussion on this Constitution Monday comes from Article I.5.1: “The Senate and the House of Representatives shall each judge and determine whether or not its members have been properly elected to represent their respective constituencies.” This principle protects the integrity of the Senate and House of Representatives by giving the members of each body the Right to determine the credentials of their fellow members.
The House or Senate assumes its constitutional role of judging whenever a member is suspected of being elected illegally. Congress can issue a subpoena to compel a witness to appear before them or warrants for arrest of witnesses who are hostile and don’t respond to a subpoena.
The House or Senate retains the authority to investigate irregularities or illegal election procedures even if they refuse to allow a newly elected member to take the oath of office. Any state that allows a Senator or Representative to be elected illegally has no right to claim they are not being represented equally.
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