Should Burris appear in Washington without that certification, armed police officers stand ready to bar him from the Senate floor, said a Democratic official briefed on Senate leaders' plans.George Wallace was a democrat when he barred blacks from entering a public building too, wasn't he?
As much as I don't like Burris, I'd urge him to defy them. After all, Blago hasn't been convicted, and he's actually within the legitimate scope of his powers to make this appointment...
Can you imagine the urban reaction if Burris got arrested for resisting the "Only Ones"?
Shattered hope can bring about some pretty terrible change...
[Via Mack H]
i don't see why the blue clown shouldn't be allowed to ride shotgun in the clown car.
ReplyDeleteEven the House 'Black Caucus' will stand against Burris, democrat first, no matter what. You can make book that BHO's kneecappers are working overtime to make this go away, maybe an appointment for Burris in Daly's city hall?
ReplyDeleteMembers of Congress apparently solved the problem of getting rid of senators and representatives the majority didn't want in the days between the 13th and 14th amendment.
ReplyDeleteThe Confederate states' representatives and senators were allowed into the federal legislature just after the War for Southern Independence long enough to vote on and ratify the 13th amendment and were then expelled when they, along with some damnyankee states, balked on the 14th.
My comment at the "news" site:
ReplyDeleteHow about a novel idea: the "law makers" should actually _follow_ the law.
It's actually easy to determine what the law is in this case.
U.S. Constitution, Amendment 17:
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such 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.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
We see it states that the Governor shall issue a "writ of election" to fill the vacancy. It also states that the state legislature "empower the executive thereof to make temporary appointments".
Just what did the state legislature do? Illinois Compiled Statutes (ILCS) : (10 ILCS 5/25-8) (from Ch. 46, par. 25-8)
Sec. 25-8. When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.
(Source: Laws 1943, vol. 2, p. 1.)
Neither the U.S. Constitution nor the Illinois statutes require, or even provide for, the Illinois Secretary of State to sign anything. Like it or not Burris is a Senator from Illinois on the Blagojevich's say so.
Of course there is an easy way for Obama to eliminate this controversy: he could withdraw his resignation from the Senate and decline the office of President. No appointment would be needed in that case.
What bob r said.
ReplyDeleteSeriously, I don't understand what the big deal is. If they don't want him in the Senate, I see no reason why they have to let him stay. The law appears to require them to let him in, but according to the Constitution's Article 1, Section 5, Clause 2 they can get rid of him immediately. Surely Harry Reid can drum up 67 votes in favor of expulsion.
Now, how they justify it without appearing to deny Illinois its equal representation in the Senate is a different matter...
The rumor I'm hearing now is that Terry Gainer, formerly the lying bag of dirt in charge of the Illinois State Police, then the lying bag of dirt in charge of D.C. police, is now the Sergeant-At-Arms in the Senate. Gainer is buddies with Burris and says that even if he's ordered to bar him entrance, he might not.
ReplyDeleteGod I'm loving this. I should rename my blog "Days of Our Congress" since this is a better soap opera than any on TV. All we need is on of the players to start wearing an eye patch and start blaming everything on their evil twin.
ReplyDelete