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Can Senate Dems block Burris?

 
From NBC's Pete Williams In a tellingly candid statement, a senior aide to Senate Democrats this week said, "we're examining the precedents" and looking to see if "there may be grounds" for refusing to seat Roland Burris as the replacement for Barack Obama. Despite their uncertainty about whether they have the authority, Senate Democrats have insisted they will refuse to let Burris take his seat on January 6th when new members are sworn in.  Legal scholars are engaged in a raging debate over whether the Senate has the constitutional authority to block Burris, if the refusal is based solely on allegations that Blagojevich conspired with others to use his appointment power for corrupt purposes.  Here are the two key questions: First, the Constitution gives Congress the power to refuse to seat someone based on irregularities in an election.  But does that authority allow it to review an appointment by a state governor?  Though that question has never been explicitly answered ... (link)

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