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To: Red in Blue PA

For a very good reason, so that candidates cannot be barred from office after bogus felony convictions. There are several twists and turns to this.

1) It was assumed that at some point, a corrupt judge would attempt to block candidates by holding a sham trial and convicting them just before the election, so that they would be disqualified, knowing full well that the conviction would be overturned on appeal.

2) It was also assumed that somebody would create a corrupt congressional district, to guarantee the election of a scoundrel or real criminal to congress. For this reason, both the House and the Senate can both refuse to seat elected candidates, and they can boot them out of the body, stripping them of their seat.

This happened in a big way during and after the Civil War.

3) Beyond that, the assumption is that the people are smart enough to choose their own representatives, based on their own judgment, as long as the candidate is qualified. And federal judges are loathe to second guess the public about who they want in office.

Ironically, while a convicted felon can be elected to congress, this does not mean that his right to vote in his own election, or possess a gun, sit on a jury, or hold *state* public office has been restored. Depending on his state.


7 posted on 04/24/2012 6:31:15 PM PDT by yefragetuwrabrumuy ("It is already like a government job," he said, "but with goats." -- Iranian goat smuggler)
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To: yefragetuwrabrumuy
1) It was assumed that at some point, a corrupt judge would attempt to block candidates by holding a sham trial and convicting them just before the election, so that they would be disqualified, knowing full well that the conviction would be overturned on appeal.

This makes no sense; the jury convicts, not the judge; further, in *ALL* criminal trials the defendant has the right to a jury trial. (6th Amendment)

2) It was also assumed that somebody would create a corrupt congressional district, to guarantee the election of a scoundrel or real criminal to congress. For this reason, both the House and the Senate can both refuse to seat elected candidates, and they can boot them out of the body, stripping them of their seat.

This sounds more reasonable.

3) Beyond that, the assumption is that the people are smart enough to choose their own representatives, based on their own judgment, as long as the candidate is qualified. And federal judges are loathe to second guess the public about who they want in office.

Except, say, when allowing the infinite-recounts to proceed.

22 posted on 04/25/2012 9:28:32 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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