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Democracy's Privileged FewLegislative Privilege and Democratic Norms in the British and American Constitutions$
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Josh Chafetz

Print publication date: 2007

Print ISBN-13: 9780300113259

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300113259.001.0001

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Disputed Congressional Elections

Disputed Congressional Elections

Chapter:
(p.162) 8 Disputed Congressional Elections
Source:
Democracy's Privileged Few
Author(s):

Josh Chafetz

Publisher:
Yale University Press
DOI:10.12987/yale/9780300113259.003.0009

This chapter examines how the House of Representatives and the Senate have handled disputed election results and qualifications. It considers three broad issues surrounding disputed congressional elections and qualifications: (1) the demands of a democratic system; (2) the question of whether the qualifications and disqualifications for Members of Congress listed in the Constitution are exhaustive; and (3) questions of procedure in deciding disputed elections or qualifications. It then turns to case law on electoral and qualifications disputes.

Keywords:   House of Representatives, Senate, election disputes, democratic system, qualifications, Members of Congress

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