Illinois' Embattled Governor, Rod "Political Thug" Blagojevich, Gives ALL A "Finger", Appoints "Good And Honest Man" Roland Burris U. S. Senator.
So can the other U. S. Senators refuse to sit Blago's choice?
Well, Article 1, Section 5 of the Constitution says: "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members . . ." Additionally, the Constitution provides that “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."
So "there’s nothing constitutionally that would require them to accept the appointment". "But if they would say no and not seat him, a lawsuit would likely be filed, and it would probably work its way up to the United States Supreme Court -- as did the case of Adam Clayton Powell."
In 1969, the U.S. Supreme Court ruled that the House of Representatives had no authority to exclude Rep. Adam Clayton Powell (D-N.Y.), who had been accused of ethics violations but had been re-elected to his congressional seat.
The Court initially believed that it did not have the constitutional authority to intervene in the case – but then-Chief Justice Earl Warren insisted it did.
"They ultimately decided that they did, and held that Congress only had the right to decide if a prospective member was of legal age – that kind of thing".
So can the Senate refuse to sit Illinois' next Senator?
I say: NOT likely, without a two-thirds majority.
Labels: Democracy for sale, POTUS Barack Obama, The Constitution, U. S. Supreme Court
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