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 Good for the UofA Wildcats. Nice win to open the season. Of course that will NOT be happening at end of November the Sun Devils come to town
1hreplyretweetfavorite
bmaz @ThePietzLawFirm @steveglista @GregoryMcNeal @NYDailyNews If you have evidence Laird did not shoot the pier, please post it.
2hreplyretweetfavorite
bmaz @ThePietzLawFirm @steveglista @GregoryMcNeal @NYDailyNews Several other news orbs I saw did the same; I picked that only because of video.
2hreplyretweetfavorite
emptywheel @steveglista I do. Mr EW wants to go too. What time will you be up? @grmakerfaire
4hreplyretweetfavorite
emptywheel RT @ddayen: My story on CA unions killing campaign finance disclosure, from @Salon this week: http://t.co/HQ38zZLvVm
6hreplyretweetfavorite
JimWhiteGNV Roll Tide! RT @NaphiSoc: and the NRA Parents of the Year AWARD goes to..... #UniteBlue http://t.co/01vqJUsEZd
6hreplyretweetfavorite
emptywheel @chinahand Why didn't Argentina think of that? Oh wait. Only likely invader was the UK.
6hreplyretweetfavorite
emptywheel RT @chinahand: Seems Kyiv cannily assuming levels of indebtedness that wl compel West 2 support it unconditionally as its financial ward.
6hreplyretweetfavorite
emptywheel RT @barryeisler: Is there one for the US? RT @BrilliantMaps: The 22 countries the UK has not invaded http://t.co/7eCxQ2ZfSA
6hreplyretweetfavorite
emptywheel @Mario_Greenly My point is simple. A commander who claims not to have checked seized devices in 8 mos is lying. Very simple @dr_davidson
6hreplyretweetfavorite
emptywheel @Mario_Greenly Calling the laptop obviously dubious. Not doubting @HaraldDoornbos @jenanmoussa reported what they were told. @dr_davidson
6hreplyretweetfavorite
emptywheel @dr_davidson Times like this you look for the way to monetize such predictions. http://t.co/ukhGIUZESv
6hreplyretweetfavorite
January 2009
S M T W T F S
« Dec   Feb »
 123
45678910
11121314151617
18192021222324
25262728293031