Article I, Section 5 and Senate Rule II do NOT only apply to technical qualifications to serve.
1. Senate Rule II applies specifically to the certification of a elected or appointed senator. Should Jesse White have not certified the appointment that may have precluded the seating of Roland Burris, although the Illinois Supreme Court disagreed ruling that White's approval was not necessary for Burris to be appointed.
2. As Article 1, Section 5 reads:
Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.
Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.
Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Specifically, "Each House shall be the judge of the elections, returns and qualifications of its own members." Per Senate Rule II, "PRESENTATION OF CREDENTIALS AND QUESTIONS OF PRIVILEGE," the House can determine that the appointment of Burris was not valid due to the nature of the appointment.
Regardless, the Democratic Party could have refused Burris the privilege to join their caucus, severely limiting his abilities. However, I don't think that would be a wise move considering that in politics you need all of the friends you can get.
Article I, Section 5 and
Article I, Section 5 and Senate Rule II do NOT only apply to technical qualifications to serve.
1. Senate Rule II applies specifically to the certification of a elected or appointed senator. Should Jesse White have not certified the appointment that may have precluded the seating of Roland Burris, although the Illinois Supreme Court disagreed ruling that White's approval was not necessary for Burris to be appointed.
2. As Article 1, Section 5 reads:
Specifically, "Each House shall be the judge of the elections, returns and qualifications of its own members." Per Senate Rule II, "PRESENTATION OF CREDENTIALS AND QUESTIONS OF PRIVILEGE," the House can determine that the appointment of Burris was not valid due to the nature of the appointment.
Regardless, the Democratic Party could have refused Burris the privilege to join their caucus, severely limiting his abilities. However, I don't think that would be a wise move considering that in politics you need all of the friends you can get.