Forget what you hear on television; those idiots never get the story right (well, not completely right).

Governor Blagojevich has appointed Roland Burris to fill the empty Senate seat. He has the absolute right to do so. Harry Reid says he won't seat Burris, but he doesn't have that right.

In the late 1960s, Adam Clayton Powell, Jr. was prevented by the House from taking his seat, because he was under suspicion of having committed crimes. He sued, and the Supreme Court ruled in Powell v. McCormack that the House overstepped its authority.

It appears that the Supreme Court ruled explicity that someone duly elected to Congress must be seated. In this case, Burris isn't elected, but is duly appointed under Amendment XVII and Illinois state law, so he must be seated.

But...

The Constitution (Article I, Section 5) states that either House of Congress may, "with the Concurrence of two-thirds, expel a Member." So it seems that if Harry Reid can get 2/3 of the Senate to vote to expel Burris, that would end Burris's tenure.

But (there's always more) ...  read more »