December 31, 2008

THE HILL: “Illinois Gov. Rod Blagojevich’s appointment to President-elect Obama’s Senate seat has prompted a flurry of legal questions about the Senate’s ability to block it.”

Brian Kalt writes: “Under Powell v. McCormack, the ability of the Senate to exclude someone would seem to be limited to judging that he hadn’t won the election (not applicable here) or that he is not qualified (30 years old, a resident of Illinois, and a U.S. citizen for nine years). Their discomfort with Burris’s appointer doesn’t enter into it.” Eugene Volokh agrees.