From statement of Senate Democratic Leadership:
It is truly regrettable that despite requests from all 50 Democratic Senators and public officials throughout Illinois, Gov. Blagojevich would take the imprudent step of appointing someone to the United States Senate who would serve under a shadow and be plagued by questions of impropriety. We say this without prejudice toward Roland Burris’s ability, and we respect his years of public service. But this is not about Mr. Burris; it is about the integrity of a governor accused of attempting to sell this United States Senate seat. Under these circumstances, anyone appointed by Gov. Blagojevich cannot be an effective representative of the people of Illinois and, as we have said, will not be seated by the Democratic Caucus.
But they may not be able to keep him out of the Senate:
Thomas C. Goldstein, Attorney, litigation and Supreme Court:
Roland Burris is very likely to be a U.S. Senator until the Illinois Legislature can hold a special election to replace him, which they may now decide to do quickly. It’s clear that if Burris were elected and duly qualified, the Senate couldn’t refuse to seat him. That’s the Supreme Court’s holding in the Adam Clayton Powell case, Powell v. McCormack (1969). The question is whether there is a different rule for appointments by governors rather than elections. Those are covered by the Seventeenth Amendment, which lets states give the appointment power to governors "until the people fill the vacancies by election as the legislature may direct."
But what if Blago gave the seat to someone who bribed him? The Senate could probably refuse to seat that person as not genuinely fulfilling the "qualifications" of the seat (which it gets to decide under Article I of the Constitution) because the appointment would be unlawful under other provisions of federal and state law (due to the bribery) and therefore not a valid exercise of the appointment power under state law. But there presumably was no bribe with respect to the Burris appointment, which means that he gets the seat.
The Senate’s remaining option would be to seat Burris but then turn around an expel him by a 2/3 vote (another power under Article I). But that would open up another can of worms because Burris will not have engaged in misbehavior and it would be an obvious attempt to circumvent his right under the Constitution to be seated.
Burris is on TV saying he had no idea that he gave $14,000 to Blago.
Lesson learned by Illinois legislature: you snooze, you lose.
Update: Illinois’ Secretary of State Jesse White will refuse to certify the Burris appointment.
Related posts:
- Burris Makes it Official: Will Not Run for “Re”-Election (And GOP Rep. Kirk Won’t Run Either!)
- Burris: Health Care Reform Must Have a Public Option
- Roland Burris Will Vote Against Any Bill That Doesn’t Have a Public Plan
- Will Reid Lose His Senate Seat to Take the Hit on Health Care?
- Two New York Dems Vote to Give Republicans Majority in State Senate: So, Who Will Primary Defector Hiram Monserrate?
Spotlight
Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About Firedoglake
Advanced search
I just saw Roland about 10 minutes ago. I went to give blood at the State of Illiois building, and wanted to check out the press conference. They wouldn’t let me in since I don’t have a creditial.
But I saw the old fart with the mustache walking down the corridor. My state government has gone rogue.
By gosh and By golly, we are going to find out what the Democratic Party is made of …
Mo’, bettah.
Yeah, I started to watch the press conference but couldn’t make it beyond the opening statement about the “worst economic crisis since the Great Depression, violence and war in the Middle East, Quagmire in Iraq, and terrorist breeding grounds in Afghanistan.”
At which point I turned it off.
i don’t like the statement that he had no idea about 14k to blago. this guy is out of touch or in the bag.
Bobby Rush joined in with inflammatory language citing ”lynching!!!!!!!!!!”
Unbelievable. Bizarre.
Oh, he’s in the bag.
Rush speaking ”impromptu” : CNN
That statement from him is absurd. I always know when I give away $14K – :)
CNN reported earlier than Burris is a longtime associate with Blago; worked on the transition team for Blago.
CNN says it’s more like 21K while hosting a major fundraising event in 2006.
Blagojevich is digging a hole so deep for himself re Fitzgerald. It’s like he’s begging Fitzgerald to put him away for the maximum. Anyone out there know what the max is for selling a Senate seat and being an all around sleaze?
Yeah, I would kind of remember something like that. lol
From the good jester Mercutio…
“A plague o’ both your houses”
Pete Williams says he doubts the Senate Democrats can keep Burris out, based on the same 8-1 SCOTUS decision in the Adam Clayton Powell case, when they said the Senate can determine if people meet the qualifications, but can’t deny someone the seat they’ve been elected to.
Seems like this rests with the IL SecState, Jesse White, who says he won’t certify the paperwork for the appointment to go forward. Probably Blago will sue to make him do that.
I think the legislature could add the appointment to his bill of impeachment and probably nullify it.
For the last eight years the GOP has enabled a bunch of thieves and criminals as the Bush Regime looted the nation, destroyed its credibility, and led us to economic ruin. The Democrats in Illinois are now doing the same thing with Blago. Roland Burris (whom I used to respect) and Bobby Rush ought to be ashamed of themselves for enthusiastically participating in Blago’s latest scam. This is yet another disgrace and reason my state will likely remain the moral laughing stock of the nation.
okay, what is the blago rationale here?
Man, Bobby Rush, Burris, Blago, Daley, etc, it’s amazing that Obama was able to rise through the ranks in that toxic environment and remain virtually untainted. Impressive.
It’s his way of saying Fuck you to all and sundry, including the citizens of Illinois. I think Blago who is famous instate for burning bridges just burned his last one with this.
Huh?
Why is it in the Franken / Coelman race all the experts seemed to be saying things like this:
…and now they’re all saying the exact opposite?
If the Senate had complete authority to decide who it’s members were a month or so ago, why did that authority suddenly go up in smoke?
– MarkusQ
I don’t think the Senate has the ability to refuse to seat Burris.
Certainly not based on their distaste for the Governor that selected him.
Blago is proving himself to be a quite good politician. Appointing Burris is a stick in the eye to just about everyone – Fitz, Madigan, Obama, Reid and the other 49, etc. I haven’t read or heard of anything in the record that says the Senate (what a piss-poor leader Reid is – maybe Nevada will send him back to Nevada in 2010) can keep him out of the Senate. They may refuse him to be part of the Democratic Caucus, but don’t think they can keep him from the Senate.
In regards to Burris’ comment on the $14K contribution – all I heard him say was something about “Was it that much?”. BTW, I don’t have any idea how much I gave to Obama – I never added it up. Did any of you?