Darkwind
Diamond Member
- Jun 18, 2009
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There is, in fact, a solid reason why it should matter to you.So, I think that a lot has been lost in the noise with the Roy Moore allegations. Those against Moore tend to point out that Moore is being tried in the court of public opinion and not in an actual court so the veracity of the evidence is immaterial. Those supporting him point out that there are no charges (as there cannot be) and that the yearbook as well as the timing of the stories is questionable. All of this is background noise to me considering that I am not an Alabama voter so I do not have any influence in the matter. What does interest me though is what happens after the election. If Moore looses than it is a moot point, and a devastating blow for the republicans as they loose a crucial seat in the senate. If he wins, well, it is still bad for the republicans because they are going to have to decide what to do with Moore.
Now, there has been a lot of talk about not seating him but as far as I can tell, the senate does not have the power to keep him from taking his seat.
Why the Law Might Not Allow the Senate to Expel Roy Moore
This also deals with expelling him as well. There are some things to take into consideration here:
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.
IF Moore wins then he has been 'tried in the court of public opinion' and the people have spoken with the full knowledge of the allegations against him.
So, given Moore is innocent according to the law and the people of Alabama chose him (again assuming he wins) I do not see how the senate has the power or the standing to eject him from his seat. They are going to have to accept him as a senator and deal with the allegations IMHO and they should. No matter how distasteful one may or may not find the situation the voters will have decided and they should have the final say unless the constitution specifically states otherwise.
What do you think the senate should do or even can do?
Should Moore be defeated on the basis of unsubstantiated accusations from four decades ago, then no Republican Senator will ever be safe from this political tactic. It will, in essence, established that courts are unnecessary and elections are only necessary as an observance of the 'old ways'.
We will have returned to Plymouth colony era of governance as found in Salem, MA at the turn of the 16th century.