They Elected Him. I Think They’re Stuck With Him.
Rod Blagojevich, possesser of monstrously-large stones, is going to appoint someone to fill President-Elect Obama’s vacant Senate seat no matter what anyone tells him. He’s named former Attorney General Roland Burris to the spot. Burris is, of course, tied pretty closely to Blagojevich as a campaign donor and a lobbyist. Then again, most everyone in politics in the greater Chicago area is tied closely to the Governor as either a donor, lobbyist, or enthusiastic endorser (such as, say, the President-Elect of the United States).
The Secretary of State has said that he won’t accept the paperwork from the Governor “because of the current cloud of controversy surrounding the governor”. Problem is, I don’t believe he’s allowed to make that decision. It’s not within his power. Blagojevich is the duly-elected Governor of Illinois and he still retains all of the authority that comes with that position, including filling that vacant seat. Unless there’s some legal exception, and I don’t think there is, the SoS can’t just decide to reject the application all by himself.
Even if he does accept it, the appointment isn’t likely to get past the Senate, where Harry Reid has said that Senate Democrats will refuse to seat anyone Blagojevich appoints. Again, I’m not at all sure that the Senate has the authority to do that either. Eugene Volokh suggests that the Supreme Court has already weighed in on a similar issue and that Reid’s out on a limb here.
The problem with Reid’s position (aside from the Volokh SCOTUS reason) is that he’s threatening any appointee based not on their qualifications but on who is doing the appointing. There’s no real question that Blagojevich has the legal authority to appoint a replacement. The question isn’t legal but political and that’s where Reid may run afoul of the law. I don’t know of any provision that would allow the Senate not to seat a Senator for undesireable political reasons. If such a thing existed, then the Senate could essentially cherry-pick who is let in and elections wouldn’t mean a darned thing.
But elections have consequences. The voters of Illinois and the Democratic Party knew that Rod Blagojevich was a dirty pol when he was running for election. They took him anyhow. Now, they’re going to have to live with whatever he does until they can use the proper legal remedies to remove him. There is no easy way out of this.
Other Posts of Interest:
- Illinois Gov. Arrested for Rampant Corruption
- Harry Reid to Illinois Lt. Governor: Do My Bidding or Face My Wrath!
- Obama and the Governor – A Tale That Needs To Be Told
Category: Featured, Our New Democratic Overlords, President Barack Obama
Anxiously awaiting to see how this all works out.
I'll miss the entertainment when it's gone.
Legal precedent (SCOTUS in Powell v. McCormack) says the Senate can refuse to seat Burris if they determine that either: 1) He's under 30 years of age, 2) he has not been a citizen of the US for at least 9 years, or 3) he's not currently a resident of Illinois. If he meets the qualifications for the seat–and those are the only three–then the Senate has to seat him.
It looks like Harry Reid has gone way out on a limb, then. Thanks for finding the relevant case.
Once again Dirty Harry Reid has opened mouth and will soon insert foot. What a useless twit. I hope like hell Nevada rejects this piece of trash in 2010.
As much as I don't want to see Burris get into office, I don't see how it can be stopped.
Happy New Year's, Jimmie!
You, too!