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Can You Expel a Sitting Senator?

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In light of recent allegations, Republican Senator Cory Gardner of Colorado this week said that if Alabama Senate candidate Roy Moore “refuses to withdraw and wins, the Senate should vote to expel him, because he does not meet the ethical and moral requirements of the United States Senate.” Meanwhile, Senator Bob Menendez, Democrat of New Jersey, has been involved in a high profile corruption trial, with calls that he should resign or be expelled if convicted. Has anything this drastic ever happened before?

Yes, but not for a very long time. Once you’ve been voted into the Senate, it’s difficult to get you out.

REFUSING TO SEAT

Refusing to even seat a senator is very rare, but one example from over 100 years ago also involved Alabama.

In 1913, Alabama Senator Joseph F. Johnston died just a few months after the ratification of the 17th Amendment to the Constitution. The Amendment allowed for direct election of senators, as well as clarifying the role of the state in calling special elections. Alabama’s governor put up Representative Henry Clayton, but he soon resigned the appointment. This was followed by Frank Glass, a local newspaper editor. As Glass was about to be seated, senators worried that his appointment was illegitimate (similar fears had surrounded Clayton). As one senator said at the time, “I believe that the [17th] Amendment means exactly what it says. It is perfectly plain and unambiguous. It simply means from this time forward every senator of the United States must be elected by the people, unless the legislature of a state by express terms empowers the executive to make temporary appointments to fill vacancies. The legislature of the state of Alabama has not given such power to the executive.”

By a vote of 32-31, the rest of the Senate agreed and refused to seat Glass, leading to a special election in 1914 that brought in a new senator.

Since then there have been multiple attempts to not seat a senator—most famously Roland Burris in 2009, who was appointed by Illinois governor Rod Blagojevich under the cloud of corruption charges (though he was ultimately let in). But in reality a refusal to seat a senator is unlikely to succeed.

In 1969, the Supreme Court ruled in Powell v. McCormack that as long as a duly elected representative met the age, citizenship, and residence requirements of the Constitution, they could not be excluded from the House. They could be expelled after taking their seat, but not excluded. Since it’s generally felt that this ruling extends to the Senate, it would likely not be possible to exclude an elected senator from their seat. But once that seat is taken, expulsion becomes a possibility.

EXPULSION

The United States Constitution states that, “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.” However, this is exceedingly rare.

The first time it happened was in the 1797 case of William Blount, one of the first two senators from Tennessee. According to the Senate, Blount had worked on a plan to take control of Spanish Florida and Louisiana and transfer them to the British with the help of Native Americans and frontiersmen. This plot was discovered and Blount was expelled, but not until he was impeached by the House of Representatives (the House has the sole power of impeachment, and it falls to the Senate to try the impeachment). The Senate ultimately decided not to try the impeachment, although whether that’s because senators believed that they themselves are unimpeachable or because Blount was unimpeachable because he had already been expelled and thus ceased being a senator is up for debate.

The next attempt at expulsion was in 1808, when Ohio’s John Smith was caught up in the Aaron Burr controversies. When it came to vote, the tally was 19 yeas for expulsion and 10 nays. Since the Constitution requires a two-thirds majority, Smith was saved from expulsion by one vote, although he would resign soon after.

The largest crop of expulsions was in 1861 and 1862, in regards to senators from southern states. As some senators were still officially members of the Senate, despite representing seceding states, it was felt that their status should be clarified by expulsion. As a result, 10 senators were expelled on July 11, 1861 (the expulsion order of one of the senators, William K. Sebastian of Arkansas, was later posthumously revoked after it was determined the charges “were as regards Sebastian merely a matter of suspicion and inference and wholly unfounded as to fact” and he didn’t commit conspiracy against the government). Later, a few more senators were expelled on the charge of supporting the rebellion. Including Sebastian, a grand total of 14 senators would be expelled during the Civil War. Since then, no senator has been expelled.

That’s not to say there haven’t been attempts. Cases since the Civil War have ended in either an exoneration or the senator leaving office before the vote. The most recent near-expulsion was Nevada Senator John Ensign in 2011 under accusations that he broke federal laws while attempting to cover up an affair. At the time, Senator Barbara Boxer of California said the case was “substantial enough to warrant the consideration of expulsion.” Ultimately, Ensign resigned.

It has been 155 years since the last senator was expelled. Whether—or when—that fact will change only time will tell.

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Big Questions
Why Do They Build Oil Rigs in the Middle of the Ocean?
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Ryan Carlyle:

We put the rigs where the oil is!

There aren’t any rigs in the “middle” of the ocean, but it is fairly common to find major oilfields over 150 km off the coast. This happens because:

  • Shallow seas often had the correct conditions for oil formation millions of years ago. Specifically, something like an algae bloom has to die and sink into oxygen-free conditions on the sea floor, then that organic material gets buried and converted to rock over geologic time.
  • The continental shelf downstream of a major river delta is a great place for deposition of loose, sandy sediments that make good oil reservoir rocks.

These two types of rock—organic-rich source rock and permeable reservoir rock—must be deposited in the correct order in the same place for there to be economically viable oil reservoirs. Sometimes, we find ancient shallow seas (or lakes) on dry land. Sometimes, we find them underneath modern seas. In that latter case, you get underwater oil and offshore oil rigs.

In the “middle” of the ocean, the seafloor is primarily basaltic crust generated by volcanic activity at the mid-ocean ridge. There’s no source of sufficient organic material for oil source rock or high-permeability sandstone for reservoir rock. So there is no oil. Which is fine, because the water is too deep to be very practical to drill on the sea floor anyway. (Possible, but not practical.)

This post originally appeared on Quora. Click here to view.

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Why is Friday the 13th Considered Unlucky?
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Today, people around the globe will feel uneasy about getting out of bed, leaving their homes, or going about their normal daily routines, all because of a superstition. These unfortunate folks suffer from paraskavedekatriaphobia, a common neurosis familiar to us all: the fear of Friday the 13th. But just where did this superstitious association come from, and how did it catch on?

The truth is that no one is absolutely sure where the idea that Friday the 13th is unlucky originated. Donald Dossey, the founder of the Stress Management Center and Phobia Institute in Asheville, North Carolina, suspects the fear can be traced back to a Norse myth about 12 gods who had a dinner at Valhalla—the fabled hall where legendary Norse heroes feasted for eternity after they died—that was interrupted by a 13th guest, the evil and mischievous god Loki.

According to legend, Loki tricked Höðr (the blind god of winter and son of Odin, the supreme god in Norse mythology) into shooting his brother Baldr (the benevolent god of summer who was also a son of Odin) with a magical spear tipped with mistletoe—the only substance that could defeat him. Thus the number 13 was branded as unlucky because of the ominous period of mourning following the loss of such powerful gods by this unwanted 13th guest.

For whatever reason, among many cultures, the number 12 emerged throughout history as a "complete" number: There are 12 months in a year, 12 signs of the zodiac, 12 Gods of Olympus, 12 sons of Odin, 12 labors of Hercules, 12 Jyotirlingas or Hindu shrines where Shiva is worshipped, 12 successors of Muhammad in Shia Islam, and 12 tribes of Israel. In Christianity, Jesus was betrayed by one of his 12 Apostles—Judas—who was the 13th guest to arrive for the Last Supper. Surpassing the number 12 ostensibly unbalances the ideal nature of things; because it is seen as irregular and disrespectful of a sense of perfection, the number 13 bears the stigma of misfortune and bad luck we know today.

WHY FRIDAY?

Friday joins in the mix mostly because all of the early accounts of Jesus’s crucifixion agree that it took place on Friday—the standard day for crucifixions in Rome. As Chaucer noted in The Canterbury Tales, "And on a Friday fell all this mischance." Yet perpetuating Friday as an unlucky day in America came from the late 19th-century American tradition of holding all executions on Fridays; Friday the 13th became the unluckiest of days simply because it combined two distinct superstitions into one. According to the Oxford University Press Dictionary of Superstitions, the first reference to Friday the 13th itself wasn’t until 1913. (So despite actually occurring on Friday, October 13, 1307, the popular notion that the Friday the 13th stigma comes from the date on which the famed order of the Knights Templar were wiped out by King Philip of France is just a coincidence.)

The repercussions of these phobias reverberated through American culture, particularly in the 20th century. Most skyscrapers and hotels lack a 13th floor, which specifically comes from the tendency in the early 1900s for buildings in New York City to omit the unlucky number (though the Empire State Building has a 13th floor). Some street addresses also skip from 12 to 14, while airports may skip the 13th gate. Allegedly, the popular Friday the 13th films were so-named just to cash in on this menacing date recognition, not because the filmmakers actually believed the date to be unlucky.

So, is Friday the 13th actually unlucky? Despite centuries of superstitious behavior, it largely seems like psychological mumbo jumbo. One 1993 study seemed to reveal that, statistically speaking, Friday the 13th is unlucky, but the study's authors told LiveScience that though the data was accurate, "the paper was just a bit of fun and not to be taken seriously." Other studies have shown no correlation between things like increased accidents or injuries and Friday the 13th.

And Friday the 13th isn't a big deal in other cultures, which have their own unlucky days: Greeks and Spanish-speaking countries consider Tuesday the 13th to be the unluckiest day, while Italians steer clear of Friday the 17th. So today, try to rest a little easy—Friday the 13th may not be so unlucky after all.

Additional Source: 13: The Story of the World’s Most Popular Superstition.

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