January 1, 2009

AKHIL AMAR AND JOSH CHAFETZ say that the Senate has the power to exclude Roland Burris. Meanwhile, Ann Althouse has some thoughts.

UPDATE: Eugene Volokh: “I have a very high opinion of Amar and Chafetz, but here I think they’re mistaken, and I think Brian Kalt (Concurring Opinions) has it generally right: The initial misconduct on Blagojevich’s part doesn’t carry over to a bribe-free appointment of the person he ultimately appointed.”

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