Published 1/2/2009
by Carrie Dann
at First Read
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)
Tags:
Related Content
Aides: Democrats have plan if Burris shows up
politicalticker.blogs.cnn.com 1/2/2009 — Senate Democrats will not allow Burris on the Senate Floor if he shows up next week.
(CNN) — Senate Democratic leaders think Roland Burris, Illinois Governor Rod Blagojevich's pick to fill President-elect Barack Obama's vacant Senate seat, ...
More On The Senate's Power To Review The Blago Appointment Of Burris
talkleft.com 1/2/2009 — It's fun to read law professor's discuss constitutional issues. It is a different world than litigators like myself get to see. Here is a discussion by Professor Brian Kalt of Amil Akhar and Josh Chafetz article positing that the Senate can stop the ...
Senate Dems To Block Burris' Path To Senate -- Perhaps Even Literally
tpmelectioncentral.talkingpointsmemo.com 1/2/2009 — With Roland Burris getting ready to go to Washington, the Senate's goal here now seems pretty obvious: To keep Burris out for as long as possible, until some other resolution to this whole mess is somehow accomplished.
The Democratic leadership's ...
Senate Dems: Let’s Get Physical
polipundit.com 1/2/2009 — Oh, this is going to be good. On Tuesday, when the US Senate reconvenes, Roland Burris, embattled Governor "Hot" Rod Blagojevich's pick to fill President-elect Barack Obama's Senate seat will be PHYSICALLY prevented from entering Senate ...
POLITICAL HOT TOPICS: Friday Jan. 2nd, 2009 —
CNN Political Ticker 1/2/2009
CNN: Analysis: Constitutional fight looms over Senate seat
The U.S. Senate is considered the most exclusive legislative body in the country, and members of its majority say they will not accept Roland Burris — tapped by embattled Illinois Gov. ...