Posted on 12/30/2008 12:02:33 PM PST by Free ThinkerNY
Reporting from Washington -- Senate Democrats threatened this week to refuse to seat any new Illinois senator chosen by embattled Gov. Rod R. Blagojevich, but it is not clear the senators have the legal authority to reject a fully qualified appointee.
In 1969, the Supreme Court ruled that the House of Representatives could not refuse to seat Rep. Adam Clayton Powell Jr., a New York Democrat who was accused of putting his wife on the payroll and misusing travel funds to vacation in the Caribbean. Despite those charges, he had been reelected by his constituents in Harlem.
"The Constitution does not vest in the Congress a discretionary power to deny membership by majority vote," wrote Chief Justice Earl Warren. Congress may "judge only the qualifications set forth in the Constitution," he said.
The qualifications are minimal. A senator must be at least 30 years old, a U.S. citizen and "an inhabitant" of the state.
The ruling in the Powell case served as a precedent in 1995 when the Supreme Court struck down term limits for members of Congress. The justices said that states may not add extra qualifications for serving in Congress, including restricting the years of service.
Warren said in his opinion that the Senate's power over its members "is identical" to that of the House.
(Excerpt) Read more at latimes.com ...
Blago is speaking right now, I don’t know but I just like this guy, knowing he has the goods on Obama, he can bring Obama down with a blink of an eye, GO BLAGO GO
Well, that will be interesting..., Democrats fighting Democrats...
You can be happy he's throwing some sand in the Dem Vaseline, but for the love of Mike please don't 'like' him. He's a Chicago Machine scum bucket who tried to shake down Childrens Memorial Hospital for campaign contributions.
We have a long tradition of having dirtball Politicos here in IL, but this guy is one of the absolute worst.
L
I know I know but he has the goods on Obama, just that alone makes me sorta like him. All the politicians in Chicago are scumbags, but at least this scumbag has the goods on the scumbag that was elected President
But bring Hussein down and Blago would go himself. And there is no guarantee that anything Hussein has done would mean his political demise. After all, he is a dependable leftist democrat (excuse the redundancy) and he is black. Those count as get out of jail free cards for todays highly objective, non biased, straight-arrow MSM. Hell, he won’t even prove that he is constututionally qualified to be made president and nobody has said a word.
Burris donated $20,000 to Blago.
The question is, will Blago spill those goods as he’s going down?
Wow. He’s sure getting it cheap!
Not entirely correct. Congress, by majority vote (but not two-thirds) voted to exclude Powell from Congress and declare his seat vacant. Powell didn't challenge Congress' authority to do this, but rather claimed that this was tantamount to an expulsion, which requires a two-thirds vote. The Court agreed.
Assuming that the Senate could garner the two-thirds vote, it could refuse to seat him. No sweat.
Is that all?? I could have out bid him!!!
And in return his firm got 290,000 in State contracts.
Nice....
L
Some press conference. I can’t understand what this guy is saying!! How can one be a US Senator and not be able to put a coherent sentence together?
Harry Reid might be making much ado about nothing at this point.
Me too, I wouldn’t mind serving in the Senate, I’d like to have a talk, yes, talk with Nancy Pelosi, Barney Frank, and Harry Reid, yep, just talk
Some press conference. I can’t understand what this guy is saying!! How can one be a US Senator and not be able to put a coherent sentence together?
Not being able to put a coherent sentence together makes one more then qualified to serve in the United States Senate LOL
No he threw a curve ball to Harry Reid big time. How’s Harry going to refuse a black leftist to takeover Bambi’s seat? The entire Black Caucus would be up in arms. This has after all been declared an officially black seat so Harry ole boy, I’d say your stuck with him.
It'll never happen in this case. Justifying that vote will make them sweat, and we all know how much senators hate that smell.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.