Senate Democrats have asserted they will refuse to seat Roland Burris, the former Illinois Comptroller and Attorney General appointed by Governor Blagojevich to fill Obama's seat. But by what authority can the Senate refuse to seat a man who has been legally appointed (or, for that matter, elected) to the position?
The answer is found in Article I Section 5 of the Constitution, which says, in part:
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members...
But has the Senate ever before used this power to prevent someone from being seated?
Yes. In fact, it has done it four times since the 17th Amendment provided for the direct election of Senators. The Congressional Quarterly has a good rundown here.
And if you've got a little time, read about Theodore G. Bilbo here -- especially his governorship.
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