The Congressional Research Service Says the Senate Can Exclude Burris

Jane (here, here, and here) and bmaz (here, here, and here) have been diligently chronicling the continuing saga of seating Roland Burris. In the last week, we’ve seen Reid and Durbin scream Go! Stop! Go! at Burris.

But it turns out, since last Monday, they’ve had a Congressional Research Service study explaining whether or not they have to seat Burris, one they seem to have lost in all the excitement. It gives a basis I’ve not heard yet on which to exclude Burris (no link yet). 

Under the Powell decision and rationale, and under the express constitutional grant of authority, the Senate (and House) may, in addition to examining “qualifications” of Members-elect, examine the “elections” and “returns” of their own Members, that is, whether an individual presenting valid credentials has been “duly” chosen. A few years after the Powell decision, the Supreme Court in Roudebush v. Hartke, 405 U.S. 15 (1972), clearly affirmed the right of the Senate to make the final and conclusive determination concerning the election process and seating of its own Members.

[snip]

Additionally, the Senate has from time-to-time examined the election or selection process (prior to the adoption of the Seventeenth Amendment in 1913, Senators were selected by state legislatures) to see if corruption or bribery has so tainted the process as to call into question its validity.

All that says, really, is to look beyond just Powell to Roudebush as well to see whether or not the Senate can exclude Burris if it wants (bmaz assures me he will look up Roudebush once he gets done with his actual lawyering today).  And that corruption or bribery is fair game.

That said, even with Burris’ admission that he talked to Lon Monk about the seat, the way in which Blago’s defense-or-maybe-not lawyer Sam Adam Jr. brokered the appointment, and other dubious ties between Burris and Blago, it’s not clear that Congress yet has a clear case that Burris’ appointment–as distinct from Blago’s earlier attempts to sell the seat–involved bribery or any corruption outside the norm in Chicago politics. 

Update: Lawrence Tribe weighs in on the "they can exclude Burris" side. Note, this appears to have been published before Obama said he was staying out of this. 

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

0 Responses to The Congressional Research Service Says the Senate Can Exclude Burris

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
Emptywheel Twitterverse
bmaz @ddayen Granted. Hope Wolvereenies and ASU can meet in some meaningful game this year.
41mreplyretweetfavorite
bmaz @Silversalty @emptywheel @ddayen You got 15 followers jackass, go blow yourself.
43mreplyretweetfavorite
bmaz @ddayen @Silversalty @emptywheel Oh, hai, how ya doin?? Welp, at least it wasn't Appalachian State this time cc: @ColMorrisDavis #Harbahaha
44mreplyretweetfavorite
bmaz @invictawatchUSA @EyalAtInvicta @BuyInvicta @EVINELive You guys have morals+game, or just covering? We shall see. What you honestly got???
57mreplyretweetfavorite
bmaz @Silversalty @emptywheel @ddayen Yeah, what is your brilliant take asshole? Got one? No, then shut the fuck up. And go the fuck away. #dick
1hreplyretweetfavorite
emptywheel RT @JoshMBlackman: Judge Bunning's Mom on Obergefell: "He doesn’t agree with the Supreme Court but has to obey the law." http://t.co/YQ0lBX
1hreplyretweetfavorite
emptywheel @ilovaussiesheps Hmm. I shall try to do better.
2hreplyretweetfavorite
emptywheel @Travis_Waldron I'm the LAST person to be able to criticize for language. But I invite to consider whether we're pitching this right.
2hreplyretweetfavorite
emptywheel @Travis_Waldron With all due respect, this is abt a bunch of workers (who happen to be millionaires) putting it to the man. Let's tell that
2hreplyretweetfavorite
emptywheel @Travis_Waldron You did! Might I invite you to review your language for how working people might see themselves here?
2hreplyretweetfavorite
emptywheel @Travis_Waldron This is a big labor issue. Stupider than Uber, justifiably. But nevertheless a labor issue.
2hreplyretweetfavorite
emptywheel @Travis_Waldron OK. You've not been as horrible as certain other leftie sports guys. Nevertheless, this is a key labor issue. Push it.
2hreplyretweetfavorite
January 2009
S M T W T F S
« Dec   Feb »
 123
45678910
11121314151617
18192021222324
25262728293031