Constitutional Crisis

Burris is about to reclaim his Senate seat. Democrats still aren't sure if they'll let him.

There is now talk that because Blagojevich has been impeached, that upon conviction by the Illinois State Senate, the Lt. Governor would make a Senate appointment. Unfortunately for the Democrats, and their insatiable appetite for favorable public and media opinion, that just isn't how it works. Sen. Burris should take his seat, and more important, if anyone attempts to prevent him from taking his seat, they should be arrested on the spot (including the Senate Majority Leader and the Majority Whip).

Our old friend Article I, Section 6 strikes back:

"They [legislators] shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."

If you can't arrest a duly appointed/elected legislator, you darn sure can't prevent them from entering the Senate floor. Doing so, violates our own constitution. Sphere: Related Content