Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogLiebman on the Qualifications Clause of the New York Constitution
By Lawrence Solum
-
New York State Constitution Article III, Section 9 provides that ?Each house shall... be the judge of the elections, returns and qualifications of its own members.? Recently, the case of Senator Hiram Monserrate has brought renewed attention to this provision. His case involved a conviction in 2009 for criminal assault. He was elected in November of 2008, and the assault occurred in December of 2008. Thus, the act took place after his election but before his term began. Nevertheless, the Senate voted to remove Monserrate from office.
This article reviews the history of the Constitutional provision, review its usage in New York history, review the history of similar provisions in other states and the federal government, and try to identify some of the potential problem raised by the Monserrate case.
Full post as published by Legal Theory Blog on July 22, 2010 (boomark / email).
Dumb New York Laws
Stupid Laws in the Empire State
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
New York Building Codes
Building and constructions laws in New York
Selection of State Supreme Court Judges
How State Court Judges are Selected
New York Employment Law
alleged violations of New York employment law.
Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.
Indianapolis
alleging the city's police are overly aggressive against the homeless in violation of the protection of free speech and unreasonable searches guaranteed in the US Constitution.
Aetna Settles with New York State for $20 Million
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud
Racketeering Class Action Filed on Behalf of Foreclosed New York State Homeowners
Racketeering Class Action Filed on Behalf of Foreclosed New York State Homeowners

U.S. Constitution by popular name or nickname
Liebman Designated Board Chair
Member Liebman Publishes Scholarly Article
NLRB Member Wilma B. Liebman To Speak at Graduate Center In New York On May 7, 2008
Maltz on The Presidency, the Electoral College, and the Three-Fifths Clause








