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Move, two-thirds of the senate would need to vote in favor of it. according to senate records, the last time a senator was expelled, it was 1862. the ethics committee recommended expulsion for senator bob packwood, but he resigned one day after that recommendation. >> martha: thank you very much. fox news senior judicial and assist andrew napolitano. if the people of alabama elect him senator, can they push him out? >> the short answer is no. if he's elected senator, congress can't add to the qualifications in the constitution, there's only two company, that he's 30 years old and that he is a ...

Should vote to expel him. now, senators voting to expel one of their own, that has happened very rarely in the united states senate. there was one guy in the 1700s who got expelled for treason. then there were 14 other members of the senate who all got expelled in a big rush between 1861 and 1862. all 14 of them got thrown out for the same reason. they were all supporters of the confederacy which was quite literally waging war against the united states of america. so one guy for treason in the 1700s, 14 confederates. that's it in terms of expulsions from the senate. ib since the end of the civ...

But senator cory gardner is now saying it should happen again. hasn't happened since 1862. he says it should happen for roy moore if roy moore wins in alabama next month. and that turns out not to be just an interesting history lesson, it not only ends up being an interesting point for gardner to take, it also is practically important because it offers a few different potential off-ramps for the republican party if they want to get themselves out of this roy moore crisis that they are in. and of those off ramps, the easiest one, the one that actually takes the least courage, is to do what sena...

Steep hurdle since democrats would likely enjoy any chaos and also have moore as an issue in 2020. the last successful expulsion was in 1862. experts don't expect it would work this time around. >> it's unlikely that the senate would not recognize a duly elected u.s. senator simply because there was a political scandal that might have change the outcome of the election. >> bret: cory gardner called for moore's expulsion today should he win, saying "if he refuses to withdraw and wins, the senate should vote to expel him because he does not meet the ethical and moral requirements of the united s...

Who sits in those bodies. we haven't had it come up, after president obama left the senate, burris was appointed, by rod blagojevich, he was under criminal charges, there was a question whether this was a taint on the appointment. it came close as to whether or not democratic leadership in the senate would seat roland burris. they did and he served out the rest of president obama's term in the senate. on the they are options in article 1 section 5 is you could expel hill. they have not expelled anyone from the united states senate since 1862. jesse bright, the senator from indiana, in fact the...