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Thursday, May 7, 2026

George Santos and the Right of Candidates to Lie - Justia Verdict

Michael C. Dorf

George Santos—who is scheduled to take the oath of office as a new member of Congress tomorrow—lied to the voters about nearly his entire biography. He lied about his religion and family history. He lied about his education. He lied about his work experience. He lied about who supposedly worked for him.

Will Santos suffer any consequences for his lies?

He certainly could. The House of Representatives has the power to refuse to seat Santos. Article I, Section 5 of the Constitution makes the House the arbiter of the “qualifications of its own members.” The 1969 Supreme Court decision in Powell v. McCormack forbids a chamber of Congress from adding to the constitutionally enumerated list of qualifications, but one of the short list of constitutionally mandated requirements is in doubt here.

To be eligible to serve in the House, a person must have been a U.S. citizen for at least seven years. Santos has sometimes described himself as the son of Brazilian immigrants. If that is accurate—that is, if Santos was born in the United States—then he is a U.S. citizen. But Santos has also sometimes suggested that he was born in Brazil. If so, he would be eligible to serve as a member of Congress only if he was naturalized seven or more years ago.

Thus, a majority of the House could vote not to seat Santos pending an investigation of his citizenship status. Moreover, even if Santos satisfies the constitutional requirements for serving in Congress, he could be expelled by...



Read Full Story: https://news.google.com/__i/rss/rd/articles/CBMiVmh0dHBzOi8vdmVyZGljdC5qdXN0a...