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althouse.blogspot.com - 1/1/2009
The Senate has the power to exclude Roland Burris, say lawprofs Akhil Reed Amar and Josh Chafetz.
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They look at Article I, Section 5 of the Constitution — which makes each house of Congress "the Judge of the Elections, Returns, and Qualifications of its own members" — and find a power to judge the Blagojevich appointment: At the founding, Senators were elected by state legislatures. If the ...
chicagobreakingnews.com - 1/1/2009
Burris goes to court for Senate seat
— chicagobreakingnews.com — Democrat Roland Burris went to the Illinois Supreme Court today to fight to be seated in the... U.S. Senate. Burris, appointed by disgraced Gov. Rod Blagojevich on Tuesday to the seat once held by President-elect Barack Obama, asked the justices to force ... (more) Burris goes to court for Senate seat

Comments vote down The Page by Mark Halperin found this 1/1/2009found this
scotusblog.com - 1/1/2009
Analysis: Must Senate seat Burris?
— scotusblog.com — NOTE TO READERS: This post is another in a series exploring the meaning and scope of prior... Supreme Court rulings — here, the June 16, 1969, decision in Powell v. McCormack (395 U.S. 486). Analysis Twice in recent days, the Democrats in the ... (more) Analysis: Must Senate seat Burris?

Comments vote down Firedoglake found this 1/1/2009found this
How the Senate can stop Blagojevich. - By Akhil Reed Amar and Josh Chafetz - Slate Magazine
slate.com - 1/1/2009
How the Senate can stop Blagojevich. - By Akhil Reed Amar and Josh Chafetz - Slate Magazine  ...
— slate.com — Illinois Gov. Rod Blagojevich (right) and former Illinois Attorney General Roland Burris. Illinois Gov. Rod Blagojevich (right)... and former Illinois Attorney General Roland Burris Does the Constitution allow the Senate to refuse to seat Roland Burris, ... (more) How the Senate can stop Blagojevich. - By Akhil Reed ...

Comments vote down Instapundit found this 1/1/2009found this

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Instapundit:  AKHIL AMAR AND JOSH CHAFETZ say that the Senate has the power to exclude Roland Burris. Meanwhile, …

The Volokh Conspiracy:  Argument for Why the Senate May Decline To Seat Roland Burris:

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Blog Reactions

AKHIL AMAR AND JOSH CHAFETZ say that the Senate has the power to exclude Roland Burris. Meanwhile, …
Instapundit — AKHIL AMAR AND JOSH CHAFETZ say that the Senate has the power to exclude Roland Burris. Meanwhile, Ann Althouse has some thoughts. ...

Argument for Why the Senate May Decline To Seat Roland Burris:
The Volokh Conspiracy — ... has it generally right: The initial misconduct on Blagojevich's part doesn't carry over to a bribe-free appointment of the person he ultimately appointed. In any case, though, read Kalt's argument family duties keep me from blogging further on this myself. UPDATE: Ann Althouse has more.

Related Content
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 ...
How the Senate can stop Blagojevich. - By Akhil Reed Amar and Josh Chafetz - Slate Magazine
slate.com 1/1/2009 — Illinois Gov. Rod Blagojevich (right) and former Illinois Attorney General Roland Burris. Illinois Gov. Rod Blagojevich (right) and former Illinois Attorney General Roland Burris Does the Constitution allow the Senate to refuse to seat Roland Burris, ...
What the GOP senators should do about Burris
betsyspage.blogspot.com 1/3/2009 — When Roland Burris shows up at the Senate asking or demanding to be seated, Harry Reid has stated that the Democrats in the Senate will refuse to seat him. There will need to be a vote on the question and the Republicans, although they don't have the ...
More Reading on Burris, and Another Attempt at Legal Analysis
fivethirtyeight.com 1/2/2009 — Since my previous efforts at constitutional analysis have been received with some (warranted) skepticism, let me first point you toward a series of arguments made on either side of the Roland Burris issue by people more qualified to tackle this stuff ...
The Powell Precedent
lefarkins.blogspot.com 12/31/2008 — My vacation has limited my blog reading, so I assume someone else has already discussed this. But since I haven't seen it much, I feel compelled to point out that missed in many discussions about the Burris appointment is the fact that the Senate is ...
Blagojevich And The Constitution
forbes.com 1/3/2009 — President-elect Barack Obama has urged the Senate to exclude from the seat he once occupied anyone appointed by embattled Illinois Gov. Rod Blagojevich. But if, as some have argued, the Senate is constitutionally bound to seat any qualified person the ...
Blagojevich And The Constitution
forbes.com 1/2/2009 — The Senate doesn't have to seat Burris.
Senator Burris: Much Ado About Little
themoderatevoice.com 12/31/2008 — Both here at TMV and in other locations across the intertubes I’ve been seeing all sorts of protestations, rending of clothing and gnashing of teeth regarding Rod Blagojevich’s decision to appoint Roland Burris to the now vacant Senate ...
IL-GOV Legal Explainer
dailykos.com 12/10/2008 — A few questions about which you may be wondering: 1.  With what was Gov. Blagojevich charged? The indictment (PDF) has two counts: conspiracy to defraud the State of Illinois and the people of the State of Illinois of the honest services to ...
Balkinization
balkin.blogspot.com 12/31/2008 — Can The Senate Refuse to Seat Roland Burris? Quite Possibly JB Governor Blagojevich has decided to appoint former Illinois Attorney General Roland Burris to President Elect Obama's vacant Senate seat. Several commentators have argued that because of ...
Analysis: Constitutional fight looms over Senate seat — CNN.com - Politics 1/2/2009
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. Rod Blagojevich to fill a vacant seat -- into their own.  ...
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. ...
Sources: Burris won't be allowed on Senate floor — CNN.com - Politics 1/2/2009
The man tapped by Illinois' embattled governor to fill an open U.S. Senate seat will be turned away if he arrives for Tuesday's inauguration of new members, according to two Democratic aides.
Can Senate Dems block Burris? — First Read 1/2/2009
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 ...
Roland Burris: ‘I am the Junior Senator for the State of Illinois’ — WSJ.com: Washington Wire 1/2/2009
Susan Davis reports on Congress. Illinois Democrat Roland Burris vowed his commitment to appear in the Senate next week despite assertions from Democratic leaders that they will not recognize his appointment by scandal-tainted Illinois Gov.  ...