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January 02, 2009

Well, This Will Be...Interesting

There may be some excitement in DC on Tuesday

(CNN) -- 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.

Roland Burris, Illinois Gov. Rod Blagojevich's pick to fill President-elect Barack Obama's vacant Senate seat, will not be allowed on the Senate floor, according to the aides -- one who is familiar with Senate Democratic leaders' plans, and the other an aide to the Senate Democratic leadership.

Democrats in the Senate have twice this week said they have the authority to refuse to accept anyone appointed by Blagojevich, who was arrested December 9, accused by federal authorities of corruption, including allegedly trying to sell Obama's seat for personal gain.

The Democrats are right, they do have the authority. Article 1, Section 3 of the Constitution sets out the minimum standards for a Senator:

No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

And as a form of protection against scoundrels (well, blatant ones, at least) the following specific passage is found in Article 1, Section 5

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members

The meaning could not be any clearer: even if someone meets the minimum requirements and is elected or chosen to fill a seat the final decision on whether they will be allowed to or not rests with the body they are trying to join.

Now I "know" that the Supreme Court ruled 7-1 in Powell v. McCormack that Congress in fact does not have that power. But the Court was wrong; certainly we can all think of examples when the Supremes have made wrong decisions, and this is one of them. Let's also not forget that there was simply no way that the Warren Court was going to allow itself to be seen as "denying" an elected Africa-American, even one as corrupt as Adam Clayton Powell, Jr., in the explosive months following the assassination of Dr. Martin Luther King.

Oh, and here's some interesting trivia for you: guess who beat Powell in 1972 and sits in his seat to this day? Why only that paragon of virtue Charles Rangel.

Posted by Mr. Bingley at January 2, 2009 07:33 AM

Comments

Like it or not, I agree the Court was wrong, but the case is out there and controlling on the lower courts unless and until the Supremes overrule it.

I think Blago is scum, and from what I've read about Burris he's exactly the sort of empty-suit stooge you'd expect Blago to appoint, but Blago raised the stakes by making the appointment and I don't know if Reid has the real audacity to respond by escalating in kind OR whether doing so makes any sense politically anyway. Pictures of the Sergeant at Arms and the Capitol Police physically barring Burris from the Senate floor are not going to look good.

Then what? Burris goes to the US District Court for the District of Columbia, which will uphold Powell v. McCormack and order the Senate to seat Burris. The Senate will seek a stay pending appeal: the trial court will probably refuse because there is no likelihood of success on appeal (since Powell is just as controlling on the DC Circuit Court of Appeals). Would Reid then escalate to the next level of possibly forcing an armed showdown between the Capitol Police and US Marshals?

Posted by: Dave J at January 2, 2009 08:54 AM

Both the Senate and US Attorney have screwed up. The prosecutor for prematurely arresting without an immediate indictment - now he wants 90 more days..this case is going nowhere. The Senate for playing chicken with a duly appointed and apparently qualified Senator...they're going to lose that one.

Posted by: Regor60 at January 2, 2009 09:27 AM

I think you're right, Dave; they'll reach some 'accommodation' on this and the current law is the law, however unconstitutional.

But I do have to doff my cap to Blago for providing this theater (well farce really); it was a sickly brilliant middle finger to Obama and the Dems...especially when you combine this with the Minnesota mess.

Posted by: Mr. Bingley at January 2, 2009 09:31 AM

And Blago did it because the people who really DO have the power to stop it didn't. That's not the US Senate but the Illinois state legislature, who could've either impeached him or passed a bill providing for a special election, dare him to veto it, and override the veto if he did. The media has consistently said that's ONLY because the Dems want to hold the seat. Bullshit: it's because Blago has the goods on enough of the legislators.

Posted by: Dave J at January 2, 2009 10:16 AM

So basically the Dems really get to pick who they want no matter the circumstances. It is hard to say which state is a bigger joke, IL or NY. I think this Blago guy was right, that they were forcing him who to pick it is clearly showing more and more every day. Our country's government is more a joke every day. It is the Democrats way or no way.

Posted by: AM at January 2, 2009 10:45 AM

Blago has proved to be just as savy as he is corrupt. Talk about reversal of fortune, he has backed the Dems into a corner. This should be fun to watch. Burris is the epitome of an empty suit but to watch him accept this in one breath and then call Blago scum in the next is priceless. And by his own admission "is the most qualified for the seat", what a tool.

Posted by: major dad at January 2, 2009 12:21 PM

And don't forget that Burris already has a modestly appointed tomb waiting for him.

This is a hoot.

Posted by: Mr. Bingley at January 2, 2009 12:31 PM

Alas, Mr. Bingley, I have to side with Dave.....and I'm not a lawyer! [sobs uncontrollably]

Fortunately, we still have a fine spectacle, while the Dhimmicrats emulate cannibalistic Kilkenny cats. I just needs me some more popcorn, is all...

Posted by: JeffS at January 2, 2009 01:03 PM

Look at the upside.

You have the Burris debacle.
You have the problems with seating Franken, if he gets in and the case goes to court. All probable now.
You have the possible seating of Kennedy who is no more qualified than Burris.
The Rangle report comes out in late January and can't be all that good.

All this on national television and there is no possible way the media can put enough lipstick on this pig.

Hard to legislate away our freedoms while they have to deal with all of this.

Posted by: Yojimbo at January 2, 2009 04:10 PM

The other X-factor in all this that just occurred to me is this: Harry Reid, despite his seeming belief to the contrary, is not the presiding officer of the US Senate. Until January 20, Dick Cheney is.

Posted by: Dave J at January 3, 2009 11:26 PM