Skip to main content
15 votes
Accepted

What happens when a state loses so many people that they *have* to give up a house seat and electoral college vote? Who becomes the unlucky loser?

Nothing will happen. Wait for the 2030 census and January 3rd 2033. Representatives are only recalculated after each census. The last census and recalculation was 2020. So no ordinary recalculation ...
Trish's user avatar
  • 39.8k
9 votes

What happens when a state loses so many people that they *have* to give up a house seat and electoral college vote? Who becomes the unlucky loser?

We have a recent real-life example of this sort of scenario. Hurricane Katrina caused massive depopulation of Louisiana's 2nd Congressional District. At the time, this district was mostly the City ...
Michael Seifert's user avatar
5 votes
Accepted

Is voting in the House of Representatives automatically postponed if the Speaker of the House is unable to attend due to sickness?

No, votes would not have to be postponed. The Constitution has nothing specific to say about this. (It's not that long - you can and should read it through and check for yourself, and searching is ...
Nate Eldredge's user avatar
4 votes
Accepted

Does the House of Representatives need a full-House vote to authorize a subpoena during impeachment?

House Rule XI(m), p. 19, states the power of committees and subcommittees to issue subpoenas. (1)…a committee or sub-committee is authorized (subject to subparagraph (3)(A)) …to require, by ...
user6726's user avatar
  • 215k
3 votes
Accepted

Can a gag order prevent someone from testifying in a congressional hearing?

There is a legal doctrine of executive privilege, where the executive branch can resist subpoenas, but that privilege is limited (US v. Nixon). Neither the doctrine of separation of powers nor the ...
user6726's user avatar
  • 215k
3 votes

What happens when a state loses so many people that they *have* to give up a house seat and electoral college vote? Who becomes the unlucky loser?

How does one determine who gets "fired"? By holding an election. Redistricting always affects the next congress, not the current one, and the entire house of representatives is up for ...
phoog's user avatar
  • 37.4k
2 votes

Can the US House compel a state prosecutor to provide documents about an upcoming state court case?

Regarding “What happens if Mr. Bragg refuses?” Congressional subpoenas do not have much teeth. If a congressional subpoena is ignored (as Jim Jordan himself did in regard to a May 12 2022 subpoena) ...
George White's user avatar
  • 12.8k
2 votes

Can the US House compel a state prosecutor to provide documents about an upcoming state court case?

This recent SCOTUS ruling on a related matter sums up Congressional subpoena power, in holding (b): Each House of Congress has the power “to secure needed information” in order to legislate. McGrain ...
user6726's user avatar
  • 215k
2 votes
Accepted

Is the US House of Representatives legally required to elect a Speaker before House business can begin?

The constitution says "Each House may determine the Rules of its Proceedings." Legally speaking, if the House of Representatives can organize itself without electing a speaker and can pass ...
phoog's user avatar
  • 37.4k
2 votes
Accepted

Does the speaker have to be a representative?

No. They do not have to be a member of the House. They do have to be elected/appointed by the Majority of the House-elects, however. It’s an unspoken rule that they be a member of the House, but not ...
UsLaw578's user avatar
2 votes

Have US Congressional reapportionment formulas ever been codified?

Under 2 U.S. Code § 2a, (a) On the first day, or within one week thereafter, of the first regular session of the Eighty-second Congress and of each fifth Congress thereafter, the President shall ...
cpast's user avatar
  • 23.9k
2 votes

Have US Congressional reapportionment formulas ever been codified?

Here is a little bit on different methods, and Wikipedia says that this is the Huntington-Hill method being the currently employed one. Here is the statute, 2 USC 2a, which requires using "the ...
user6726's user avatar
  • 215k
1 vote

What happens if a USA House Rep or Senator is caught committing voting fraud *after* being sworn in a week or month later?

W.r.t. the House of Representatives, the matter is disposed of in 2 USC Ch 12, on contested elections. §283 allows the contestant to serve notice of contest on the putative winner, and he must "...
user6726's user avatar
  • 215k
1 vote
Accepted

Does the concept of fairness and due process apply only to the defendant or to the prosecution as well?

Due Process is for defendants: The "fairness" provisions in Amendments 4-8 do not "typically" apply to defendants. They explicitly apply only to defendants. For instance, the 5th Amendment says: ...
Just a guy's user avatar
  • 8,418
1 vote

What are the legal Ramifications if any, of ratifying the last remaining Un-ratified amendment of the Constitution?

The legal consequence of ratifying this amendment is that it would become the 28th Amendment to the US constitution. That simply means that there would be a number of elections with lots of election ...
Andrew's user avatar
  • 2,020

Only top scored, non community-wiki answers of a minimum length are eligible