Can The Senate Really Refuse To Seat Blago's Appointment?

CBS News senior political correspondent Jeff Greenfield takes a look at historic precedent that suggests Senate Democrats could have a difficult time if they chose to fight embattled Gov. Blagojevich's reported appointment of Roland Burris to the U.S. Senate.

Can the U.S. Senate refuse to seat a Senator appointed by Governor Blagojevich? Senate Majority Leader Harry Reid seemed to suggest that when he cited Article I, Section 5 of the U.S. Constitution, saying that each house of the Congress shall judge the qualifications of its members.

But is this power absolute? Not according to the Supreme Court. In 1969, the Court ruled that the House of Representatives did NOT have the power to refuse to seat Rep. Adam Clayton Powell, Jr., the New York Congressman who was embroiled in a legal case that resulted in a contempt citation being issued against him.

The House's power to judge "qualifications", the Court said, meant Constitutional qualifications: age, citizenship, that sort of thing.

It's also clear, based on a Supreme Court case involving Julian Bond, that a state legislature could not refuse to seat an elected state Senator because the majority of his colleagues found Bond's views on the Vietnam War abhorrent.

In the past, the Senate has ruled on appointments where the power of an outgoing governor to make an appointment was unclear. But as of now, there seems little question that Blagojevich is still the governor; the state legislature has not changed the appointment power; and as of now, Blagojevich has not been convicted, or even indicted.

By contrast, the Senate may well have more Constitutional power to expel a Senator than to refuse to seat one. But that raises the dicey political question: would the Senate really want to expel a qualified, experienced political veteran who has never been tainted with any scandal? And who, by the way, would be the only African-American in that body?

Who says there's no juicy political news between Christmas and New Year's Day.

[tincup356]

the people should have the choice in a special election......that is who this person is supposed to be representing ...isn''t it? Oh I forgot in today''s politics they don''t represent people they represent lobbyists. The very best government money can buy.....who cares if they don''t represent the people ? We ought to be used to it ...we have had no representation for over 40 years now.

[aldon61]

Posted by tone421 at 11:45 PM : Dec 30, 2008

It''s A$$''s like you that ruin the board for everyone. Happy New Year A$$-hole!

[tone421]

The News Conference was a joke. Mr Burris allowed his ego to get in the way of doing the right thing. The United States Senate should do as they said they would do. DON''T SEAT HIM. LET HIS LAWYERS TAKE IT TO THE HIGHEST COURT IN THE LAND. Bobby Rush has lost my Respect. The last thing this city needs is to throw Race in the mix. Another black mark on this city. I am a African AMERICAN.

[tone421]

The News Conference was a joke. Mr Burris allowed his ego to get in the way of doing the right thing. The United States Senate should do as they said they would do. DON''T SEAT HIM. LET HIS LAWYERS TAKE IT TO THE HIGHEST COURT IN THE LAND. Bobby Rush has lost my Respect. The last thing this city needs is to throw Race in the mix. Another black mark on this city. I am a African AMERICAN.

[tone421]

The News Conference was a joke. Mr Burris allowed his ego to get in the way of doing the right thing. The United States Senate should do as they said they would do. DON''T SEAT HIM. LET HIS LAWYERS TAKE IT TO THE HIGHEST COURT IN THE LAND. Bobby Rush has lost my Respect. The last thing this city needs is to throw Race in the mix. Another black mark on this city. I am a African AMERICAN.

[tone421]

The News Conference was a joke. Mr Burris allowed his ego to get in the way of doing the right thing. The United States Senate should do as they said they would do. DON''T SEAT HIM. LET HIS LAWYERS TAKE IT TO THE HIGHEST COURT IN THE LAND. Bobby Rush has lost my Respect. The last thing this city needs is to throw Race in the mix. Another black mark on this city. I am a African AMERICAN.

[tone421]

The News Conference was a joke. Mr Burris allowed his ego to get in the way of doing the right thing. The United States Senate should do as they said they would do. DON''T SEAT HIM. LET HIS LAWYERS TAKE IT TO THE HIGHEST COURT IN THE LAND. Bobby Rush has lost my Respect. The last thing this city needs is to throw Race in the mix. Another black mark on this city. I am a African AMERICAN.

[tone421]

The News Conference was a joke. Mr Burris allowed his ego to get in the way of doing the right thing. The United States Senate should do as they said they would do. DON''T SEAT HIM. LET HIS LAWYERS TAKE IT TO THE HIGHEST COURT IN THE LAND. Bobby Rush has lost my Respect. The last thing this city needs is to throw Race in the mix. Another black mark on this city. I am a African AMERICAN.

[tone421]

The News Conference was a joke. Mr Burris allowed his ego to get in the way of doing the right thing. The United States Senate should do as they said they would do. DON''T SEAT HIM. LET HIS LAWYERS TAKE IT TO THE HIGHEST COURT IN THE LAND. Bobby Rush has lost my Respect. The last thing this city needs is to throw Race in the mix. Another black mark on this city. I am a African AMERICAN.

[tone421]

No matter how much Mr. Burris is respected. He allowed his ego to be more important then doing the right thing. The U.S. Senate should do as they said they would do. DON''T SEAT HIM. LET HIS LAWYERS TAKE IT TO THE HIGHEST COURT IN THE LAND. This city has had enought black marks on its name. Bobby Rush was wrong to throw race into the mix. I am an African American.