A few days ago I posted the following tweet:
Burris has 2 lawsuits: mandamus in state ct. and “Senate rule unconstitutional” in federal. Both are winners, #1 is faster; #2 is more fun.
Regarding “faster” —
Illinois Secretary of State Jesse White has refused to sign the original appointment document presented to the Senate by Blagojevich because of corruption charges against the Democratic governor, including accusations he tried to sell Obama’s vacated seat to the highest bidder.
…
The Illinois Supreme Court ruled on Friday that White did not have to sign the appointment document and that the appointment of Burris, a former Democratic state attorney general, was valid with only the governor’s signature.
Whether one likes or dislikes Blagojevich, Burris, Illinois law or the Seventeenth Amendment, there is now simply no bona fide disagreement from any serious inquirer: The Burris appointment is valid.
Now it’s time for the “more fun” part —
But aides to Senate Majority Leader Harry Reid said it was not clear if White’s statement would meet the Senate’s 125-year-old certification requirement.
…
There have been questions if the Senate rule carries the weight of law.
“Weight of law” is a dumb, empty, gobbledygook term that has no real meaning. Of course Senate rules carry the weight of law — see Article I, Section 5, Clause 2.
The problem, of course, is that the Constitution carries more “weight of law” than do the Senate rules. One trumps the other, and we all know which trumps which.
There is no ambiguity here, except where invented by lying politicians: The Burris appointment is, for better or worse, in complete compliance with both Article I, Section 5 and the Seventeenth Amendment.
The moral defectives in charge of this disgrace, Harry Reid and Dick Durbin, understand this full well. They just don’t care. So much for the concept of “public servants” (or, for that matter, “leaders.”).
Blagojevich tainted American governance. How utterly pathetic that Reid and Durbin feel such a deep-seated need to taint it even further.
Previously:
–Apparently Obligatory “Burris Appointment” Post
2 responses so far ↓
Link Chris // Jan 11, 2009 at 3:40 pm
I honestly don't understand the Dem's motivation. Why are they doing everything that they possibly can to marginalize an ally?
It just doesn't make a lot of sense.
Link Jeffrey Deutsch // Jan 13, 2009 at 12:47 pm
Hello Kip,
There is no conflict between the Senate rules and the Constitution. The Senate may adopt whatever rules it wants to – except those that explicitly violate another part of the Constitution itself – for its membership.
For example, the Senate is not allowed to accept someone who has not been a U.S. citizen for at least nine years, or who does not live in the state one expects to represent, or who has not reached one's 30th birthday.
However, the Senate is perfectly within its rights to, for example, refuse to admit someone appointed by a governor who has been credibly accused of trying to sell that very appointment.
Once again, as a matter of common sense, the power to expel – which is both undisputable and absolute here – is the power to exclude.
Furthermore, distinguishing a lawful gubernatorial appointment – a perfectly normal procedure in fact – from an "election" or a "return" is hair-splitting worthy of a certain other U.S. senator, whose continued membership was also in question and who has only very recently left.
Note that according to the same Constitutional passage, each house is also the judge of the qualifications of its members. If the Senate decides that appointment by a particular governor is not sufficient qualification in this case because of the widespread perception of corruption and the desire to discourage further corruption, who has the right to tell them otherwise? No one.
Chris: maybe, just maybe, some senators are more concerned about the honor of the Senate – and of the country, especially in the face of foreign thugocracies and barbarians who will want to test the new Administration's mettle than about the total number of Ds after their colleagues' names.
Cheers,
Jeff Deutsch