Illinois senator

The U.S. Senate has an obligation to allow Roland Burris to fill the Illinois seat vacated by President-elect Barack Obama — regardless of the corruption scandal surrounding Gov. Rod R. Blagojevich.

Senate Majority Leader Harry Reid, D-Nev., and other senators claim a legal right to prevent Mr. Burris, a former state attorney general, from being seated. They base their assertion on a constitutional provision that gives the Senate and House the right to "be the judge of elections, returns and qualifications of its own members."

However, that has been interpreted to mean whether the candidate complies with age, residency and citizenship requirements. Mr. Burris meets all the conditions.

The real dispute here is Mr. Burris's appointment by the embattled Gov. Blagojevich who faces federal allegations that he tried to sell the office for personal gain. There has been no indication, though, that Mr. Burris made any deal with the governor.

Illinois Sen. Richard J. Durbin, the Senate's second-ranking Democratic leader, said that no one has raised any questions about Mr. Burris's integrity or personal background. Even Sen. Reid said Sunday that he doesn't know "a thing wrong with Burris."

"It's a question about the process," Sen. Durbin said. "This governor, Rod Blagojevich, has taken the appointment of a Senate vacancy to a level no one even imagined."

But the legal process has been followed. The governor has the right under Illinois law to make the appointment, and that is the overriding concern.

Sens. Reid, Durbin and others are passing judgment on the candidate personally and not on his constitutional qualifications. Will Sen. Reid next try to tell Gov. David A. Paterson who can be senator from New York? Mr. Paterson will have to appoint someone to succeed Sen. Hillary Clinton when she resigns to become secretary of state.

Ultimately, the solution lies in Illinois. Gov. Blagojevich, though, has shown no inclination to do the right thing and resign to allow a successor to make an appointment. The Illinois legislature could remove him or change the process for filling a vacancy, but has done neither.

Mr. Burris should be allowed to serve as the next U.S. senator representing Illinois.