Reader comments
Senate to seat Burris
3 comments | Read story
The Constitution states "Each House shall be the judge of the elections, returns and qualifications of its own members,"
The Illinois Governor had the authority to make the appointment and chose to do so. The Senate refusing to seat him would be like refusing to seat a duly-elected Senator as provided by law.
The second part that pertains here is "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."
You cannot expel someone who has not been seated and the plain language makes it clear that Congress has the power to expel a duly elected or appointed Senator for disorderly conduct or violation of a rule.
There is nothing in the Constitution that grants Congress the power to refuse ot seat someone just because a) they don't like them, their color, sex, etc., or b) because they have been convicted of a crime which Burris hasn't.
Actually, the ultimate blame rests on the framers of the US Constitution who, when it came to the US Senate, trusted politicians more than the people to decide who would serve there.
"THE SENATE OF THE UNITED STATES SHALL BE COMPOSED OF TWO SENATORS FROM EACH STATE, CHOSEN BY THE LEGISLATURE THEREOF, FOR SIX YEARS; AND EACH SENATOR SHALL HAVE ONE VOTE." Article I, Section 3.
The 17th Amendment, which required Senators to be elected by the people, could have solved this problem outright.
But this unfortunate reliance on politicians to select US Senators even made it into the 17th Amendment via the following sentence:
�WHEN [Senate Vacancies occur] THE EXECUTIVE AUTHORITY OF SUCH STATE SHALL ISSUE WRITS OF ELECTION TO FILL SUCH VACANCIES: PROVIDED, THAT THE LEGISLATURE OF ANY STATE MAY EMPOWER THE EXECUTIVE THEREOF TO MAKE TEMPORARY APPOINTMENTS UNTIL THE PEOPLE FILL THE VACANCIES BY ELECTION AS THE LEGISLATURE MAY DIRECT.�
Voila!
Add your comment
Comments are monitored. Any comments found to be abusive, offensive, off-topic, misrepresentative, more than 200 words or containing URLs will not be posted.
E-mail address: For internal use only. We may want to contact you to publish your comment (not your e-mail address) in the newspaper or for a separate story idea.
- NHL: The Captain heads to the Hall 7:48 p.m.
- Jazz: Korver, Miles to be evaluated 7:43 p.m.
- Hiker rescued from narrow ledge 7:38 p.m.
- RSL unfazed by conference final 7:27 p.m.
- 12 high schools ready for 'The Turf' 7:25 p.m.
- 'Motherhood' is totally obnoxious 7:16 p.m.
- Gordon, Wallace lead Pistons 6:51 p.m.
- Lopez wants to get party started 6:47 p.m.
- Garden tips and events 6:47 p.m.
- Plant fall-fruiting trees and shrubs 6:47 p.m.
- Gay advocates trek to LDS office
215 - House passes health care bill
192 - Dirk does dirty work in Dallas
190 - Lobo suspended
173 - Cougars crush hapless Cowboys
149 - Speed has never been BYU's game
136 - Utah Jazz fall apart against Kings
124 - RSL rallies to advance
103 - Thousands protest health bill
102 - Provo company innovating engines
99
Why do so many people live so close to refineries in Utah and elsewhere?
'The Mormon Church opposed civil rights movements on both the race and gender...
both byu and utah probably aren't deserving of their rankings. definitely...
DAH! We had Germans, Japanese & Italians fighting in our Armed forces in the...
wouldn't it seem like to a good idea in a struggling economy to encourage...
To: Re Don 756 pm. I am sorry but you missed the point entirely! My comments...
@Roland | 12:36 p.m. Nov. 8, 2009 Atheists don't get married? Well that is...
Lets retoole and get rid of Kevin. He is the problem not Jerry Sloan. But...
I would have to agree with the many caregivers who have posted in reaffirming...
I've been in Canada for 8 months, Im so happy to be part of a country that...
I stand with the Utes. The offense has been slow to get going, but the...

