quorum?

as rude pundit noted, the "unanimous" senate vote last night approving the terri schiavo bill was cast when exactly three senators were in the room.

over in the comments of his loaded mouth tas notes that Article I, Section 5, Clause 1 of the constitution states:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.(emphasis added)

i think tas is right. i think the statute is unconstitutional.

i wonder if any other statute has been overturned on these grounds before.

of course, if it is valid, think of the fun we could have! if the president just gets a single senator and a single representative to sneak into the halls of congress in the dead of night, the three of them can unanimously pass any crazy thing they want!