Constitutional Crisis: Refusal to Seat a US Senator

Discussion in 'Off-Topic' started by Hunter, Dec 31, 2008.

  1. Hunter

    Hunter Administrator Staff Member Administrator

    Joined:
    Jan 26, 2003
    Messages:
    9,560
    Likes Received:
    2
    Trophy Points:
    38
    One of my personal interests is national politics and I am sure each of you are aware of the recent appointment of Roland Burris to fill Barack Obama's Senate Seat by Gov. Rod Blagojevich.

    Sen. Harry Reid has come out and said that he and the rest of the Senate will refuse to seat any Blago appointment citing the Senate's constitutional authority to judge the qualifications of its members under the Article 1, Section 5 of the US Constitution. ""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.""

    I was reading an article on Fox News today which brings up an interesting point: Can the Senate actually refuse to seat Burris?

    Fox News


    My guess is that the US Senate will initially refuse to seat Burris however if the case is taken to the courts, the Senate will ultimately have to seat him if the Supreme Court rules the same way it did in the 1969 case when the House refused to seat Rep. Adam Clayton Powell, Jr.

    Could we then see the shortest tenure of a US Senator where the Senate seats Burris and then immediately vote to expel him by a 2/3 vote?
     
  2. redneck

    redneck BBW Elite Member

    Joined:
    Apr 27, 2006
    Messages:
    1,469
    Likes Received:
    0
    Trophy Points:
    36
    About a hundred years ago there was a similar situation were the Senate refused to seat Utah congressmen Fred Smoot because he was a polygamist. The Supreme Court eventually ruled in favor of Smoot and he was seated. However, this case is differnt. Smoot was duely elected by the citizens of Utah. Burris was appointed by a corrupt governor who is charged with trying to sell the said seat.

    My guess is that the Court will go with precedence and force the Senate to seat Burris, but I'd also expect the Senate to "punish" Burris. If he gets seated expect him not to get any respect and look for the Republicans to go after him and try to impeach him, and the Democrats may offer little resistance to that.
     
  3. MikeDC

    MikeDC Member

    Joined:
    May 24, 2007
    Messages:
    5,643
    Likes Received:
    16
    Trophy Points:
    38
    Occupation:
    Professor
    Location:
    Indianapolis, IN
    Actually that was Reed Smoot, co-author of the destructive Smoot-Hawley tariff. They should have kept his dumb ass out.

    Fred Smoot, another DC resident, would be a much better and more entertaining senator.

    [​IMG]
     

Share This Page