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: The Faculty LoungeBlago, Burris, the Senate, and Powell v. McCormack
By Calvin Massey
Now that Rod Blagojevich, the thoroughly discredited greedhead Governor of Illinois, has appointed Roland Burris to fill Barack Obama's Senate seat, and Senate Democrats have vowed to refuse to seat Burris, the obvious question is whether the Senate has the constitutional authority to refuse to seat Burris. Powell v. McCormack held that the House could not refuse to seat Adam Clayton Powell, so long as he met the three constitutionally specified qualifications: age, residency, and citizenship. Powell appears to be squarely applicable to this case. Perhaps the Senate could claim that it is exercising its textually separate power to judge the election of its members, but that is implausible given that Burris is appointed under the constitutional authority of the Seventeenth Amendment, not elected. If the Senate is adamant that no appointee of the reprehensible Governor Blago should be seated, a better gambit would be to seat him (thus complying with Powell) and then to expel him because of doubt concerning the integrity of the process by which he obtained the Senate seat. Powell did not address the independent issue of expulsion, a judgment of the Senate that does not rely on assessment of the constitutionally specified qualifications of its members.
Full post as published by The Faculty Lounge on December 31, 2008 (boomark / email).

The Burris appointment -- another view
Can The Senate Refuse to Seat Roland Burris Quite Possibly
Balgojevich Makes Senate Pick, But Will Burris Take the Oath
Blagojevich Appoints Burris to U.S. Senate - now what
Blago to Tap Former Illinois AG to Fill Obamas Senate Seat
Illinois: Blagojevich to Name Burris to Fill Senate Seat







