I thought I was coming to Washington, D.C. to cover the inauguration; but it’s obvious that our nation’s capital is preparing for the circus, and today was the opening act. Tuesday marked the beginning of the 111th Congress. The opening day of a new Congressional session is usually marked with oaths of offices and cheerful ceremonial celebrations with family, colleagues and yes, lobbyists.

However the spotlight on DC’s three-ringed circus (three branches of government) was stolen by individuals not yet seated to serve. One of those is the soon to be junior Senator from Illinois, Ronald Burris. Burris, a former Illinois Attorney General and longtime public servant, was barred from being sworn-in by Democratic Party operatives and the secretary of the Senate. They claim that Burris’s credentials are not in order.

Now, in effort to actually utilize my political science degree from N.C. State University, I will attempt to spell out the constitutional conundrum facing the United States Senate. Please follow along.

First, if you didn’t know by now, Barack Obama (Democratic Senator from Illinois) was elected the 44th President of the United States. Because the U.S. Constitution bars individuals from serving in two elected positions, “no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office,” Obama resigned his Senate seat. The 17th Amendment dictates, “When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided, that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.”

Under Illinois state law, Democratic Governor Rod Blagojevich is responsible for naming a successor to Obama. That person would serve the remainder of Obama’s term through 2010.

Ok, if you didn’t know by now, Blagojevich was arrested in early December 2008 for allegedly trying to sell the Senate seat in return for political and/or monetary gains. Although Blagojevich faces numerous criminal indictments and a pending impeachment vote — he still remains the governor of the great state of Illinois. Thus retaining the powers granted to that office including the power to fill vacant Senate seats, call out the National Guard and pardon death row inmates.

Now U.S. Senate leaders (Democrats) seem to believe they are above the Constitution and are refusing to accept anyone appointed by Governor Blagojevich. Those leaders, specifically Harry Reid (D-NV), cite Article 1, Section 5 of the Constitution, which states, “Each House shall be the judge of the elections, returns and qualifications of its own members.” Ok, let’s follow that logic. What are the qualifications for a U.S. Senator? According to the Constitution “No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.” Burris meets those requirements. He’s 71 and has served the state of Illinois for more than 20 years.

So, if you didn’t know by now, the Senate leadership didn’t go to N.C. State. If so, they would know that the U.S. Constitution sets the standards for seating a new member — not Congress. Mr. Burris, welcome to the circus.