Harry Reid v. the Constitution

The title of an editorial in the WSJ...

An Illinois court will eventually decide if Governor Rod Blagojevich is guilty of corruption. But on at least one issue he is more law-abiding than Majority Leader Harry Reid and fellow Democrats: the seating of Roland Burris to replace Barack Obama in the U.S. Senate.

Mr. Blagojevich appointed Mr. Burris to represent Illinois on Tuesday, ahead of the official start of the 111th Congress next week. This was certainly an act of brash defiance given that nearly everyone had warned the Governor not to do so after he was heard on tape contemplating the sale of the seat for personal gain. But under Illinois law, Mr. Blagojevich had every legal right to do so....

The legal precedent here is the Supreme Court's 7-1 decision in Powell v. McCormack in 1969. Congressman Adam Clayton Powell had been accused of corruption but was nonetheless re-elected in 1966. House Democrats declined to seat him, Powell sued, and the Supreme Court ruled that Congress had acted unconstitutionally in denying him his seat. Congress could have expelled Powell with a two-thirds vote, as stipulated in the Constitution, but it couldn't deny him the seat in the first instance.

...now that Mr. Burris has been appointed, Mr. Reid can't legally deny him his seat. If this is the way Democrats are going to use their new monopoly on Beltway power even against a member of their own party, we're in for an ugly couple of years.