According to Constitution, Burris should be a senator (Reisert | Kennebec Journal)

[struggle4progress]

Joseph R. Reisert
01/09/2009

... All that matters is that Burris was, in fact, appointed by the current governor of the state of Illinois. That governor has the right, under the laws of his state and the Constitution of the United States, to appoint a replacement when a Senate seat becomes vacant ...

Blagojevich may have a soul as corrupt as his language -- recorded by the FBI -- is foul. He may be more unpopular among Illinois voters than President Bush at a faculty meeting. He may soon be removed by action of the Illinois state legislature. He may yet be indicted, convicted and jailed.

But right now, he is still the governor of the state, with all the legal authority that office confers.

Our system makes no provision for third parties to decide, on their own, whether to recognize the official acts of a politician who is under a cloud of suspicion. Down that road lies chaos, which is why no one doubts that the laws signed by Blagojevich since the filing of the criminal complaint are just as valid as laws he signed before that date ...

http://kennebecjournal.mainetoday.com/view/columns/5796307.html



Marbury v. Madison
5 U.S. 1 Cranch 137 (1803)
... Mr. Chief Justice MARSHALL delivered the opinion of the Court ...

[bemildred]

1. "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members"

You can't be much clearer than that.