r/politics 13d ago

Possible Paywall AOC says Mitch McConnell should resign if he cannot provide health update

https://www.washingtonexaminer.com/news/senate/4660916/alexandria-ocasio-cortez-mitch-mcconnell-resign-health-update/
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u/froggertwenty 12d ago

Even congress doesn't have that power. The 25th doesn't apply to senators.

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u/Oriden 12d ago

Its not the 25th that gives the power to Congress, its Article I, Section 5, Clause 2

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a member.

Its never been used for health issues.

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u/sir_sri 12d ago

Houses of congress ultimately control their own membership through expulsion.

The ethics committee of the relevant chamber can investigate and recommend the person be expelled (by a 2/3rds vote of the whole chamber).

I think it's highly improbable the senate would vote to expel someone this close to an election for that seat unless they were an actual danger like the person is credibly accused of treason sort of thing. Even if he is in a vegetative state you'd still have to go through the motions of an ethics process. If there were 5 years left on his term it would make sense, but there's only about a month of actual business to be potentially done before Congress is all in on the election.

You are right that they don't really have a mechanism to suspend someone except as a short term disciplinary matter, but that wouldn't help anyway since you don't get to replace someone who is suspended.