Senate Majority Leader Harry Reid, D-Nev., said Monday that Burris would not be permitted to take his seat because Burris "has not been certified by the state of Illinois," a reference to incomplete paperwork that only touches on the dispute. Senate Democrats maintain that Burris' appointment is tainted because of the charges against Blagojevich.No explanation of the constitutional basis for the claim of power. I suspect the reason is that the constitutional argument is so weak. Burris was appointed pursuant to the processes that exist in state law.
ADDED: I had to cut this post short because I had a Bloggingheads recording scheduled. (It's not up yet, but we talked about Burris.) Anyway, let me note that I wrote about the constitutional question in some depth last Thursday. In that discussion, the assumption was that the Senate would go through some procedure — hearings, debate, a vote. But there was none of that, just a raw exercise of power. Ironically, Blagojevich is accused of abusing his power. Are we having an abuse of power contest?