Roland Burris

"I love this part. He was turned away because they said he didn't meet the high standards of the Senate. Gee. I wonder which senator turned him down. Do you think it was the one who embezzled the money? Maybe it was the one that got caught with the hooker? I know, I'll bet it was the one caught fornicating near the urinal in the airport bathroom." --Jay Leno

Aside from the issue of whether or not the Senate SHOULD refuse to seat Roland Burris, is the perhaps more interesting issue of whether the Senate CAN refuse to seat him. Article I; Section 5 of the United States Constitution provides in relevant part: “Each House shall be the judge of the elections, returns and qualifications of its own members.”

From that, it would seem pretty straightforward that the Senate does have the power. But Supreme Court precedent would seem to disagree. In the case of Powell v. McCormack (1969), the Supreme Court ruled that the House of Representatives could not refuse to seat Adam Clayton Powell, Jr. (who had been embroiled in scandal). The Court ruled that the House could not add additional qualifications to those in the Constitution (age, residency, and citizenship).

I doubt that the Burris case will make it to the Supreme Court, but it would be interesting to see if the Roberts Court would agree with the Warren Court decision.

As to whether Burris should be seated, it is highly unlikely I would be enthusiastic about anyone appointed by a Democratic governor. But I recently read something that makes me particularly concerned about Burris. Politico is reporting that “Burris sought death for innocent man.”

While state attorney general in 1992, Burris aggressively sought the death penalty for Rolando Cruz, who twice was convicted of raping and murdering a 10-year-old girl in the Chicago suburb of Naperville. The crime took place in 1983.

But by 1992, another man had confessed to the crime, and Burris' own deputy attorney general was pleading with Burris to drop the case, then on appeal before the Illinois Supreme Court.

Burris refused. He was running for governor.

Deputy attorney general Mary Brigid Kenney ended up resigning in protest. Personally, I have no respect for any prosecutor more concerned with getting convictions than ensuring justice. Those willing to let an innocent man rot in prison for political advantage deserve to change places with that innocent man. Burris was willing to let Cruz stay on DEATH ROW. He certainly should not be elected (or selected) to the Senate.

Hopefully, Illinois will impeach Blagojevich with all deliberate speed.