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To: LindyBill who wrote (285784)12/30/2008 4:17:37 PM
From: Tom Clarke2 Recommendations  Read Replies (1) | Respond to of 793897
 
Could Senate Refuse To Seat a Senator Appointed by Gov. Blagojevich?

No. The case of Adam Clayton Powell set the precedent.

>>In January 1967, following allegations that Powell had misappropriated Committee funds for his personal use and other corruption allegations, the House Democratic Caucus stripped Powell of his committee chairmanship. The full House refused to seat him until completion of an investigation by the Judiciary Committee. In March the House voted 307 to 116 to exclude him. Powell won the special election in April to fill the vacancy caused by his exclusion, but did not take his seat.

Powell sued in Powell v. McCormack to retain his seat. In June 1969 the Supreme Court ruled that the House had acted unconstitutionally when it excluded Powell, a duly elected member, and he returned to the House, but without his seniority.

en.wikipedia.org.



To: LindyBill who wrote (285784)12/30/2008 5:52:49 PM
From: FJB  Respond to of 793897
 
OBAMA PRAISES BURRIS, BUT BACKS SEN. DEMS
Posted: Tuesday, December 30, 2008 5:43 PM by Domenico Montanaro
Filed Under: Obama WH Transition
From NBC's Domenico Montanaro
President-elect Obama praised Blagojevich-appointee Roland Burris, but backed Senate Democrats' statements "that they cannot accept an appointment made by a governor who is accused of selling this very Senate seat."

"Roland Burris is a good man and a fine public servant, but the Senate Democrats made it clear weeks ago that they cannot accept an appointment made by a governor who is accused of selling this very Senate seat," Obama said in a statement. "I agree with their decision, and it is extremely disappointing that Governor Blagojevich has chosen to ignore it. I believe the best resolution would be for the Governor to resign his office and allow a lawful and appropriate process of succession to take place. While Governor Blagojevich is entitled to his day in court, the people of Illinois are entitled to a functioning government and major decisions free of taint and controversy."