Alaska Senate Update

Mark Begich is now leading Ted Stevens by 814 votes in the Alaska Senate race. Nate Silver Sean Quinn:

“The remaining votes come from Begich-friendly districts. Mark Begich is now an overwhelming favorite to win the Alaska Senate seat.”

We might be spared the question what to do if a felon is elected to the Senate. This is a good thing, since Sandy Levinson thinks that excluding him might be unconstitutional. Whether or not he’s right is beyond my competence, but he notes that allowing the Senate to add to the constitutionally specified list of qualifications for the Senate opens up some unfortunate possibilities:

“If one believes that the Senate does indeed have plenary power, then, I presume, it would be perfectly legitimate, as a constitutional matter, to refuse to a newly-elected senator on racial or religious grounds, which, I presume, just can’t be right, even if no court would intervene”.

Here’s hoping we don’t have to open that can of worms.

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