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Seating Burris
Matthew Yglesias — Scott Lemieux observes that what the Senate Democrats are threatening to do in refusing to seat Roland Burris is probably illegal: The Supreme Court ruled 8-1 (and 8-0 among justices deciding on the merits) in Powell v. McCormack that “in judging the qualifications of its members, Congress is limited to the standing qualifications prescribed in the Constitution.” This is to say that Congress gets to offer definitive rulings on, say, a dispute over whether or not a Senator is really 35. But nobody disputes that Blagojevic is ...

Burris and Blago: What Happens Now?
Firedoglake — ... There are differing opinions as to whether the Senate can refuse to seat him.  Jack Balkin thinks they can, but Scott Lemieux is not so sure.  ...

The Ugly Legal Optics of Harry Reid’s Burris Battle
Firedoglake — ... But wait, there is more! Yep, Harry Reid, who couldn't be bothered to bring his legislative acumen to bear to protect the 4th Amendment in the FISA battle, is now going to expend every inch of his soul, including having capitol police physically restrain a duly appointed black man from taking his seat in the Senate. Again, simply brilliant optics. Or not; really not. As Jane indicated, there are basically two views on the propriety of this blocking action, that is not viable (the "Lemieux position") and that it is complicated, but viable (the ...

More Reading on Burris, and Another Attempt at Legal Analysis
FiveThirtyEight: Politics Done Right — ... tackle this stuff than I am, and then try and advance a somewhat more sophisticated and legally sound argument. Firstly, some smart folks arguing that the Senate probably does have the right to exclude Burris: Akhil Reed Amar and Josh Chafetz, Slate Lyle Dennison, SCOTUSBlog Jack Balkin, Balkinization And here are some other smart folks arguing that no, the Senate probably does not have such authority: Scott Lemieux, Lawyers, Guns and Money Brian Kalt, Concurring Opinions Eugene Volokh, Volkoh ...

Jane Hamsher: Reid, Punk'd By Blago Over Burris, Rejects The Rule Of Law
Politics on HuffingtonPost.com — ... Then fifty members of the Democratic Caucus signed a letter saying they would oppose any Blagojevich appointment from being seated -- without due consideration as to whether the Senate had the right to do so. Although there is considerable ...

Reid, Punk’d By Blago Over Burris, Rejects The Rule Of Law
Firedoglake — ... Then fifty members of the Democratic Caucus signed a letter saying they would oppose any Blagojevich appointment from being seated -- without due consideration as to whether the Senate had the right to do so. Although there is considerable ...