Jeff Greenfield: Senate may have no choice in seating Burris

[camera obscura]

Here's what he wrote to Josh Marshall:

"I think you're wrong about saying the Senate has full power not to seat the Gov's pick. In Powell vs McCormick, a 1969 case involving Adam Clayton Powell, the Supreme Court said, 7-2, that a house of Congress does NOT have such power-they can judge "qualifications" in the Constitutional sense (age, citizenship, etc). And they can judge elections, but say nothing about appointments. (Nate Silver did a great piece on this awhile back).

They can probably EXPEL a member as they see fit--though the Court's decision does not make that clear---but on what grounds? Just because they don't like the guy who picked him?"

More, and context: http://www.talkingpointsmemo.com/archives/2008/12/maybe_the_senat.php

[Captain Hilts]

1. Plaxico? I knew he was unemployed...

JUST KIDDING!

[Lyric]

2. Just because "they don't like him?" Umm...

I think there's a lot more to it than that. He's under investigation for some pretty serious criminal corruption. That has nothing to do with "not liking him" and everything to do with preventing a potentially felonious governor from making an appointment to the Senate that could damage the integrity of the body.

Frankly, I think that any respectable governor who cared more about what's best for his state than about what's best for his ego would wait until the investigation is over, so that his appointments are not tainted by doubt and suspicion.

Innocent or guilty, he seems extremely concerned with maintaining his power, and not too concerned about what the consequences might be for the innocent people of his state, as well as the rest of the nation. He may or may not be a crook, but he's definitely an asshole.

[camera obscura]

3. Well yeah but I'm not sure that applies to the guy he's seating... :/ but I'm not a law expert.

[Kurt_and_Hunter]

4. The senators are being fools. They lack the power or legitimate motive.

[polichick]

5. THIS is what the Senate is finally going to take a stand on? LOL