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The Democrats Plan to Physically Stop Roland Burris From Taking His Senate Seat is Unconsitutional

January 2, 2009

 As despicable and deplorable as I find Illinois Governor Rod Blagojevich there is something that I find just as deplorable if not more so. And that is the Democrats who have decided that they will physically stop Blagovejech’s senate pick, Roland Burris, from entering the senate and taking his rightful seat. 

 As I have written, I find Blagojevich despicable but the fact is he hasn’t been convicted of a crime yet, he is innocent until proven guilty, and he is still the governor of Illinois. As governor he is allowed to pick senate seats in a situation such as this where the previous senator no longer holds the seat.

 The constitution gives him that right under Article 1, Section 5 and there is judicial precedence set in this matter.

In 1969, the U.S. Supreme Court ruled in a case called Powell v. McCormack that the Senate could refuse to seat a member only if that person failed to meet the minimum qualifications set out in the Constitution, those being age, residence and citizenship.

 This means that it is unconstitutional for the Democrats to block Roland Burris from taking his rightful seat in the senate. Not that the constitution means anything to them anyway.

 There is a way for them to remove Senator Burris if they see fit however, while Article 1, Section 5 prohibits the senate from blocking Burris’ entrance to the senate it does provide a means to remove him.

  The senate can remove him by a two thirds vote for any reason after he is seated. As this article points out that is the only way the Democrats can prohibit Burris from serving.

 Until and unless Blagojevich is convicted of a crime or resigns he has the constitutional right to appoint Barack Obama’s successor and as disgusting as that may be it must be accepted.

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