Alabama Senate candidate Roy Moore is facing allegations of sexual misconduct involving, among others, a fourteen-year-old girl. The Republican may still win the December 12 special election. But there are bipartisan calls in the Senate to keep Mr. Moore out of Congress. The Senate might do so, but it would be an unprecedented display of power that it should exercise cautiously.
The Constitution vests in each house the power to judge the “Elections, Returns, and Qualifications of its own Members” and may, “with the Concurrence of two-thirds, expel a Member.” The power to exclude and the power to expel differ.
Generally, the Senate has understood that it can only exclude a candidate who failed to demonstrate that he won the election, or one who lacked the qualifications necessary to serve, like being underage or a non-citizen.
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