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Politics : Liberalism: Do You Agree We've Had Enough of It?
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From: Kenneth E. Phillipps12/30/2008 7:59:54 PM
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Reid Has Few Ways to Block Burris Appointment
I'm going to be repeating myself here, but as the reporting on this story has been poor (save for the Huffington Post and a couple of other outlets), it appears to be necessary.

The notion that the Democrats can refuse to seat Roland Burris out of hand is, at best, constitutionally dodgy. This is because of the Supreme Court's 1967 Powell v McCormack decision, in which it ruled that the Congress's power to judge the qualifications of its members is expressly limited to the conditions mentioned in the Constitution (e.g. age, residency, and U.S. Citizenship). If the Congress wants to deny membership for any other reason, it has another power, which is expulsion. Although the power of expulsion is much broader than the power of exclusion, it comes with a higher price tag: two-thirds of the Senate must vote to expel one of its members rather than a simple majority.

fivethirtyeight.com
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