usmbguest5318
Gold Member
??? During a trial, that presumption is what's being questioned. There is no presumption one way or the other during a trial. One's guilt or lack thereof is the question.No, it is not prior to trial. You are presumed innocent up until the moment that a verdict is reached.Those instances are fundamentally different than the current one. The cited article notes that Powell v. McCormack shows that it is unlikely that the senate has the power to refuse to seat Moore because it does not fall under the powers outlined in the constitution. Your link mentions 9 cases:Congress', in this case the Senate's, authority to refuse to seat a duly elected individual accrues from Article 1 of the Constitution. There is ample precedent for duly elected individuals not being seated by a chamber of Congress.
1 is related to election problems and has no relation to Moore's situation
2 is a situation not even relevant in the senate at this time and unconstitutional now.
3 is blatantly unconstitutional now. This was mostly due to religious issues - something that the senate is
CLEARLY unable to do now and polygamy. Under current case law, I believe that anti-bigamy and polygamy laws (not related to marriage but simply cohabitation) would be unconstitutional.
4 was seated after all so does not support your point and, again, was related to religion and polygamy. Interestingly enough, he was seated even though it was supposed that he swore an oath AGAINST the US. Considering the circumstances, this goes against your supposition.
5 was not seated for a conviction of the espionage act. This is the closest example we have but is still far from your mark. Moore has not been convicted of anything. This is the closest example you have and still not really relevant for the mentioned reason and, even more importantly, examples 1 - 5 occurred before the SCOTUS ruled on this practice. That is key.
The first 5 are irrelevant in that they precede the SCOTUS ruling on the senate not seating members. Whatever the practice before the 6th example the SCOTUS ruled that the senate does not have the power to refuse to seat members due to requirements other than
6 seated and when the SCUTUS ruled not seating a member for reasons that are not age, citizenship and residence requirements that the constitution specifically calls out.
6 This is the one that the court ruled on.
Powell v. McCormack - Wikipedia
7 election issues. Again, not relevant to this case and such power is directly outlined in the constitution as well.
8 ejected - irrelevant to your point
9 seated. Again, countering your point.
Essentially, your link establishes the exact opposite - there is no real precedent to deny Moore the seat and that the SCOTUS has ruled that such power does not exist for situations like this one.
Flatly incorrect. A core tenant of the judicial system here is the presumption of innocence until proven guilty. You are innocent until proven guilty in a court of law.Since you are of a mind to hold tight to legal minutia/technicalities, our legal system doesn't determine innocence, but rather that there is insufficient evidence to find one guilty, or, as it was presented, the evidence does not militate adequately for a guilty verdict. Trial verdicts are "guilty" or "not guilty," not "innocent."Moore is innocent. This is not a conjecture. It is not a theory. It is not an opinion. It is legal FACT. Moore is innocent of the accusations because there can be no trial and, ergo, no conviction for those acts.
Inasmuch as that is the nature of our jurisprudential system, that Moore cannot be found guilty or not guilty in no way speaks to whether a defendant did , i.e., is innocent of having committed, or did not do the deed with which they were (or might otherwise have been) charged.
Tying to play word games around the verdict of guilty or not guilty does not change that reality unless you can show some functional difference between not guilty and innocent.You are innocent until proven guilty in a court of law.
That is prior to trial. Nonetheless, no jury will find a defendant innocent.