Columns, Congress, Constitutional Law, Free Speech

No, Congress Should Not Expel the Squad

 

 

Below is my column in the Daily Beast on the call from Sen. Tim Scott (R-S.C.) to expel members of the Squad from Congress. Five members recently made public comments against Israel at rallies in Washington:  Alexandria Ocasio-Cortez of New York, Ilhan Omar of Minnesota, Ayanna Pressley of Massachusetts, Rashida Tlaib of Michigan and Cori Bush of Missouri.  Similar to calls from Democrats to disqualify Republicans for their support of Donald Trump’s election claims, the move against the far left members would establish a dangerous precedent for Congress. It would also devastate both free speech and democratic values.

Here is the column:

This weekend, presidential candidate Sen. Tim Scott (R-SC) became the latest figure in Washington to call for the expulsion of members of Congress for their controversial views.

In a New York Post op-ed, Scott cites pro-Palestinian or anti-Israel statements of members of “the Squad” as examples of officials giving “aid and comfort” to Hamas.

Expulsion and disqualification have come into vogue in Washington as members of both parties seek to bar opponents from ballots or office. It is the ultimate manifestation of our age of rage where expressing opposing views are now considered disqualifying acts for holding office.

Sen. Scott points to Rep. Rashida Tlaib declaring that Israel intentionally bombed a hospital in Gaza after U.S. intelligence found that the explosion was likely caused by a Palestinian missile.

He also cites Rep. Pramila Jayapal calling Israel “a racist state” and Rep. Ilhan Omar previously saying that Jews had “hypnotized the world.” Rep. Alexandria Ocasio-Cortez was also cited for criticism of those supporting Israel as “taking the side of occupation.”

I have previously criticized members of the Squad for reckless rhetoric and condemned the spreading of false or unproven claims on the Gaza hospital explosion.

However, the solution to bad speech is better speech. Indeed, Scott’s op-ed (and the writings of many others) are an example of how free speech can combat disinformation and propaganda without the necessity for censorship or other punitive measures.

Yet, Sen. Scott insists that “any member of Congress who gives [Hamas] aid, comfort or justification is in violation of their constitutional oath and must be removed.”

It is now a familiar refrain. Ironically, it is analogous to the argument put forward by some Democrats to bar Republican members through an alternative means. Those members have called for the use of the 14th Amendment to disqualify Republicans for giving “aid and comfort” to those who sought to block the certification of President Joe Biden. They have been supported by a host of legal academics.

Rep. Bill Pascrell (D-NJ) demanded the disqualification of the 120 House Republicans—including House Minority Leader Kevin McCarthy (R-CA)—for simply signing a “Friend of the Court brief” (or amicus brief) in support of an election challenge from Texas.

Expulsion and disqualification demands are both based on the same view that political support for extreme or controversial positions should not be tolerated in members of Congress. It is a dangerous, slippery slope as politicians declare certain views as incompatible with holding elected offices.

Rather than based on a novel constitutional theory, expulsion is based on the inherent authority of Congress to expel members who violate the rules and standards of a house. Courts are generally deferential to Congress given the authority under Article I, Section 5 that “[e]ach House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.”

Nevertheless, fewer than two dozen members have ever been expelled. Indeed, three of the then five members of the House had expressed loyalty to the confederacy during the Civil War.

It is telling that, despite our long history of bitter and divisive politics, only five house members have been expelled in the House. Members have realized that expulsions not only deny the right of voters to pick their representatives, but invite endless tit-for-tat measures.

The Framers were well aware of this danger. Before the Revolution, a leading case in England involved a member of Parliament who was expelled for criticism in 1763 of the king for signing a peace treaty with France. John Wilkes was promptly arrested and expelled from the House of Commons. While he was forced to flee into exile, he continued to be re-elected by an equally defiant constituency. He was again “excluded” from taking office and later convicted of sedition.

Eventually the House of Commons recognized its terrible error and expunged both the expulsions and exclusions. It admitted that it had acted in a manner “subversive of the rights of the whole body of electors of this kingdom.”

The Framers were familiar with the Wilkes case and wanted to avoid such legislative abuse in the United States. The Constitution makes exclusion (in preventing someone from taking the oath of office) effectively a non-starter if he or she otherwise meets the qualifications for office. Most importantly, they imposed the high voting threshold of a two-thirds vote to accomplish an expulsion.

It is unlikely that the calls for expulsion by Sen. Scott or others will succeed given this history and these limitations. It is also far from clear that courts would allow the expulsion of a member for the exercise of free speech even with the history of deference to Congress. Moreover, the courts have rejected the use of exclusion in Powell v. McCormack in 1969 as unconstitutional. Expelling a member based on their political views would operate the same as an exclusion since that member would continue to be viewed as ineligible to sit as a member of the House.

Even if it is unlikely to succeed, Sen. Scott’s call only adds to not just the expectations but the appetite of voters for extra-electoral action. Rather than defeat members at the polls, they want to dictate who may represent voters in other states and districts.

Free speech is often the first victim in an age of rage. We have gone through such ages from the very start of our Republic. Rage gives people license to do things that they would not ordinarily contemplate, let alone advocate. That is why rage is addictive. We can come to like it.

In the end, we are distinguished from groups like Hamas by free speech and our other defining rights. They are a covenant of faith between citizens that, despite our disagreements, we will stand by our neighbors in their right to think and speak freely. That includes the right of citizens to select those who will speak for them in a representative democracy.

There is a solution to those who you believe are unworthy for office. It arises every two years as citizens go to the polls to elect their representatives.

 

188 thoughts on “No, Congress Should Not Expel the Squad”

    2. “Both Hamas and Israel have committed war crimes.”

      Your daily appeasement of Hamas and Iran is duly noted. As is your ongoing attempt to hide that appeasement under the skirt of being even-handed. As is your forthcoming attempt to evade that appeasement.

    3. Nope.

      When you target innocent civilians that’s a war crime.
      Firing unguided rockets into civilian space… is a war crime.

      Going after a military target and there is collateral damage, no war crime.
      See the difference?

      Now when Hamas uses human shields…. then when Israel takes them out… not a war crime.

      But keep trying.
      Eventually Israel will commit a war crime. Just like every other country… it will happen.
      But until then… Blame Hamas.

      -G

      1. “Wy hen you target innocent civilians that’s a war crime.”

        Human shields get caught in the crossfire. That is not targeting civilians. Israel makes efforts to limit the death and injury to non-combatants, but if the non-combatants use human shields there is nothing one can do. Human shields are not permitted, but they are the strongest weapon Hamas has.

        1. You can’t even cut and paste.
          And yes, sacrificing their own people as human shields is Hamas’s strongest weapon because they play the martyr card.
          Oh woe is me… look at all the Palestinian dead.

          Yet the thousands who march in protest in the US… do they even condemn Hamas for sending kids w knives to attack Israelis on the streets in Israel? (Also an American soldier on leave/vacation.)

          Everyone forgets the litany of attacks stretching over decades….

          And those who promote terrorism are terrorists themselves.

          -G

    4. Let us evaluate what war crime Israel committed. They defended themselves against Hamas terrorists that killed unarmed women and babies.

      There is no comparison.

      If there is a legitimate claim lets hear it so it can be discussed. We already know Hamas is a terrorist organization.

    5. These both sides morons would be yelling that FDR and Hitler have a lot in common since they both killed innocent civilians.

      Should FDR and Churchill have been tried at Nuremburg as well as the Nazis? This is your moral equivalence garbage. Should Japan have just been allowed to rape all of Asia? Should we have had a ceasefire after Pearl Harbor?

  3. The ‘citizenship’ of every ‘voter’who voted for these congresspersons might ought to be checked out.

    I used to be fan of gangster movies made in the 1930’s — Jimmy Cagney; Edward G. Robinson; Humphrey Bogart — and one film title sticks out: “Bullets or Ballots”

    I’m wondering why these Hamas-supporting women (the Squad) are not right now actively trying to help their people in Gaza by transporting themselves there and being helpful — why not? Instead, the enjoy the safety of being in their homes here in America and speaking trash-talk about Israel and those of the Jewish faith.

      1. They do support hamas. They have not once asked for the return of the hostages…have they?

  4. As a conservative republican, I pretty much detest everything the squad stands for or says. Yet again, they do not need to be expelled. They should remain there as a an example of stupidity, empty headedness, ignorance, crass behavior, and total lack of knowledge of history of the US or the rest of the world. This is the problem that could be resolved by “voting out the rascals”, and even better a constitutional amendment with strict term limits, and a redistributing amendment that would eliminate all gerrymandering by either party. “Safe seats” promote radicalization and an unwillingness to compromise because the incumbent has no fear of losing. Redistributing should be done nationwide by a set formula that removes all ability to use race, ethnicity, political leanings, etc. to jury rig a district. They should all be symmetrical with a defined formula for size and distance in the districts border. When all races are not safe, incumbents tend to moderate their behavior, because the chorus they sing to will be often be changing and unpredictable.

  5. One of America’s greatest constitutional crisis of the 21st Century (20+ years) has been “Unconstitutional Authoritarianism” by both political parties.

    This unAmerican mindset supports things like censoring perfectly legal First Amendment activity or allowing warrantless domestic spying.

    Maybe we should start here? Freedom of Speech protects unpopular speech.

    1. screw the usa and it’s people this is a foreign affair now get on board to the tune of trillions for other countries

  6. Expulsion No, rather follow what the radical democrats do. Find some hardcore radical conservative prosecutors and charge, indict and prosecute them. For what you say, for breathing free American air, for anything, just like they’ve done with President Trump.
    Isn’t it time we learn from them?
    Let them live by their own rules.

  7. While most of what was being said were opinions, valid or not, I think censure of Representative Tlaib would be justified given her outright lies about the hospital bombing.

  8. Let’s see how long the Squad lasts in the mother ship of Middle East terrorism — Iran.

    When they appease Hamas terrorists, they appease that theocratic government.

  9. There used to be is a solution to those who you believe are unworthy for office. It arises every two years as citizens go to the polls to elect their representatives.

    Why wait to maybe have your rage heard once every two years, when you can rage all the time in between elections.

    So much slippery slope concern. How about the slope we got on allowing Marxists to control our education institutions? What about the slope we are on allowing communists, Nazis and supporters of actual terrorists to be seated in Congress?

    They constantly attack our rights, knowing you will defend theirs. *uck that! Treat them as enemies of the state. Because they are.

  10. They were “elected” by a majority of the voters in their District that think the way they do…..and the only way to remove them from Congress is by voting them out….and at some point that will happen but not soon enough.

    The real question is how do we get to the point in this country that we can see over a hundred thousand people turnout to rejoice over the mass murder of over 1,400 innocent people to include infants and young children by Terrorists.

    To defend Hamas by protesting Israel is doing exactly that.

    Patently lying about it as did the members of the “Squad” is simply beyond contempt and deserves the most severe admonishment possible.

    My question is how have we arrived at such a standard as is being displayed by the protestors and the especially of the “Squad” who took Oaths to serve all of the people of their District.

    They could protest the War that is going on now and call for Peace and condemn both sides for the violence and call for both sides to stop the killing….but they did not.

    They ignored the ugly and evil acts of Hamas that is so horrible the American media will not show photos or even recount a Terrorist’s confession describing the evil actions of himself and his fellow Terrorists.

    I see the IDR has formed a special task force to hunt down and bering to justice every person involved in or assisted the Hamas Mass Murder that took place on October 7th.

    I wish them every success and hope they bring justice to the last Man Jack involved from the most senior leaders of Hamas right down to the floor sweepers.

    That is how you deal with Terrorists who murder innocent people.

    No Courts…..no Trials…..no apologies….no quarter……just inflict terror upon the terrorists.

  11. Wrongo Marylou….it’s just a short matter of time before these protesters overpower …look at Michigan….Dearborn is Little Gaza….the first of many that will fall….it’s not goIng to be pretty….I’m not advocating ‘The Purge’ just yet but giving the Ilse Koch fan clubbers a voice in Congress will just accelerate the fire….you’re a sharp guy Johno, there must be a way to kick those Jew Haters out….

    1. Same here. Send them on a junket to Somalia, Saudi Arbaia or to gaza, so the muslims can use them as sex slaves, so they can say they’re doing their part to help muslims in a jihad on jews.

  13. The squad should not be removed from congress. The were elected, they have met the constitutional criteria.

    Democrats mostly support their positions. The anti Constitutional positions required to believe what they believe.
    Very few people remember Obama held exactly the same ideals. ‘We are days away from fundamentally changing The United States’ Fundamental means foundational. Constitutional. Even Republicans have no problem with the statement.

    Fundamentally change. Like be the only President EVER to stay in DC after leaving office.

    The terrorists calls are coming from inside Washingtion DC

  14. Republicans play Nice
    Democrats play Evil

    They should be JAILED for their Numerous crimes!

  15. Expulsion won’t occur. Maybe Prof. Turley is right that it shouldn’t. But the Democratic leadership in the House should not allow Reps. Omar and AOC to caucus with the Democrats, as Omar is openly anti-Semitic and hates Israel, and AOC is a Democratic Socialist, not a Democrat. Voters elected each one, so the House is stuck with them. But the Democrats have allowed their party to be identified with anti-Semitism by indulging Omar, by not censuring her or condemning her hateful statements. William F. Buckley in the 1950s said conservatism wouldn’t stand a chance to become respectable and dominant unless it dissociated itself from elements like the John Birch Society. It did so and by 1980 conservatism, with Reagan’s election, became dominant in American politics. The problem for Democrats today is that anti-Semitism and hatred of Israel, along with radical, anti-constitutional “anti-racism,” DEI and promotion of LGBTQ, have helped it win elections. These beliefs have become their new meal ticket, one which the current administration has adopted. Remember, Biden, an apparent moderate liberal, was anointed to keep Bernie Sanders, far-left and not even a Democrat (but a Democratic Socialist) from being nominated, but as president has implemented or tried to implement policies that are indistinguishable from Bernie’s. Sadly, it will have to be voters who repudiate politicians like Omar, AOC, and the rest of the Squad, because the Democratic has neither the appetite nor the incentive to do so.

    1. Omar should be prosecuted for immigration fraud, among other things. Her real name is Elmi, by the way.

  16. Tliab was elected by a majority Muslim district in Michigan. The all share the same joy in beheaded infants and their hate for American Constitutional foundation of governance.

    But go ahead and believe +8 million illegal aliens coming across the border is nothing to worry about.
    Democrats are creating hundreds of little Palestines across this Nation. There is one growing in Texas, as we speak. An enclave of illegals that hate America. Don’t worry Tlaib is just an outlier….right?

    1. Iowan2 hit the nail on the head. With the flood of illegals pouring over what used to be the southern border of the United States, the America-hating, Jew-hating, cafe communist, Squad will grow over time from 5 members to 10 members to the Hamas Caucus. And Barack Hussein Obama will show them the way……….

  17. I’m saddened to see Sen. Scott ask for removal of these terrorist sympathizers. Free speech means nothing if we don’t allow the most obnoxious, despicable ideas to be spouted by such people. I’m glad to know where they stand. The vast majority of attempts to censor free speech comes from the totalitarian Democrat side of the isle. As conservatives, we know the best ideas and truth eventually win. Maybe not on our time schedule, but eventually. Sen. Scott should defend the squad’s right to speak and then use his own free speech to point out how disgusting and untrue their speech is to anyone with a sense of morals.

  18. We all get caught up in the rage as our desire for an immediate solution. If we can let the moment pass and focus our intellect on a true solution (vote them out) then perhaps we solve the issue without creating a larger issue. Great article

  19. When colleges educate rather than indoctrinate and we return to the religious foundation of our founding fathers, then we will save our nation. The way we are going is not working.

  20. Going to the polls just isn’t an option. Many have zero trust that the polls aren’t rigged.

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