Can The Senate Block The Blago Appointment?

December 31, 2008

This Instapundit post casts doubt on the Senate’s ability to cast Blagojevich Senate appointment Roland Burris into the political abyss:

“Under Powell v. McCormack, the ability of the Senate to exclude someone would seem to be limited to judging that he hadn’t won the election (not applicable here) or that he is not qualified (30 years old, a resident of Illinois, and a U.S. citizen for nine years). Their discomfort with Burris’s appointer doesn’t enter into it.”

But this poster at Daily Kos disagrees:

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

We’ll learn soon enough who is correct, but this line from the Kos post rings true either way:

If that should come to pass, one might be tempted to feel bad for Roland Burris. But the truth is, he accepted the appointment of a man who is effectively trying to return stolen goods. No matter how distinguished his career may have been, that’s an act of very bad judgment.

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One Response to Can The Senate Block The Blago Appointment?

  1. snaggletoothie on January 1, 2009 at 2:57 pm

    It seems to me that the founders give the senate the power to refuse to seat anyone for any reason they deem acceptable. I see nothing in the constitution that would allow any judge any input in the process.
    This Burris doesn’t appear to be exceptionally qualified. But he doesn’t seem to be any more of a liar, cheat or thief than the collection of creeps that are already in the senate.


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