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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

(p.162) 8 Disputed Congressional Elections
Democracy's Privileged Few

Josh Chafetz

Yale University Press

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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