Hostname: page-component-78c5997874-lj6df Total loading time: 0 Render date: 2024-11-05T06:46:48.901Z Has data issue: false hasContentIssue false

Partisanship and Contested Election Cases in the Senate, 1789–2002

Published online by Cambridge University Press:  17 August 2005

Jeffery A. Jenkins
Affiliation:
Northwestern University

Extract

While the Founding Fathers included a number of checks and balances in the U.S. Constitution as a way of dispersing power across the various branches of the federal government, they made no such allowance regarding the internal makeup of Congress. Specifically, Article I, Section 5, Clause 1 of the Constitution states that “Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members. . . .” This clause, in effect, provides each chamber of Congress with the exclusive authority to determine how its membership will be comprised. Thus, when an election is contested, that is, when a dispute arises regarding who is the rightful occupant of a seat after all votes have been counted and a winner announced, the given chamber operates as the sole arbiter, insulated completely from Executive and Judicial pressures or constraints.

Type
Research Article
Copyright
© 2005 Cambridge University Press

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)