Disgraced Illinois Governor Ron Blagojevich has exercised his executive authority and appointed former Illinois attorney general Roland Burris

to Barack Obama’s vacant senate seat. The United States Senate should refuse to seat him.

On the face of it, the Constitution authorizes the Senate body to regulate its own membership.  Recent precedent says this authority is limited

; however, this seems a delightful time for the Senate to confront some bad precedent. Article I, Section 5 of the Constitution states

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Viewed in light of the next paragraph, the Constitution gives the House and Senate plenary power over its membership

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.

If a House can expel a member and makes its own Rules of Proceedings, it follows logically that a House can also refuse to seat a member (or else, be forced to “seat” the member, then immediately schedule a vote to expel him).  There is no specific requirement for “cause” in Section 5, but it would be hard to argue that there would not be cause in this case. So, the Democrats in Illinois punted, giving the governor the opportunity to make this appointment. Now its time for the Democrats in Washington to clean up their mess.