Senate Dems To Block Burris' Path To Senate -- Perhaps Even Literally
With Roland Burris getting ready to go to Washington, the Senate's goal here now seems pretty obvious: To keep Burris out for as long as possible, until some other resolution to this whole mess is somehow accomplished.
The Democratic leadership's current contingency plan for next week is reportedly for Burris to be met at the chamber by a doorman telling him he's not allowed inside. If he still tries to go in, armed police officers could intervene to get him away. Burris told the Los Angeles Times that he wants to avoid a scene and have all of this negotiated before he arrives, but it's unlikely that he could negotiate his way towards actually being seated.
And even if Burris does manage to physically enter the chamber, there are still a whole lot of avenues to keep him from being sworn in. The Senate is expected to launch a Rules Committee investigation to determine the legitimacy of his appointment, thus delaying him from being seated. They'll look at everything from the facts of the Blagojevich scandal to Illinois Sec. of State Jesse White's refusal to sign the certificate of appointment. Every undotted "i" and every uncrossed "t" will be scrutinized.
At that point, Burris might just be able to go to court and force the Senate to admit him. Many legal scholars believe he has a genuine case here. But even this could take a while -- which would appear to be the whole point.
This all begs an important question: How will the leadership keep this from turning into more of a fiasco than it already is? It gets even worse: The Senate's rules allow a governor to enter the floor to converse with Senators -- which means that Rod Blagojevich himself could show up if he wants. Blago's office says he has no plans to do so, but at this point it's never a smart bet to say that he or anyone else connected to him would take the low-key option.
Two days ago, Rep. Bobby Rush (D-IL) compared the idea of rejecting Burris' appointment to George Wallace standing in the schoolhouse door. At the time it sure sounded like over-the-top racial rhetoric -- but now we might get something that looks oddly similar.















Guess I'll be watching C-Span...waiting for the fireworks!
January 2, 2009 10:56 AM | Reply | Permalink
Someone should tell Burris the secret to success in Washington...
All he needs to do is go out and torture some folks... our current Senate and Congress will welcome him with open arms...
January 2, 2009 11:09 AM | Reply | Permalink
War and torture have little to do with Burris's appointment, unless:
1. You are Blago and you want to create an image of your own viability by going to war with your party and torturing support for the ACTUAL progressive agenda just as Obama takes the oath of office,
2. You are Burris and you want "something" for "nothing" by going to war with your self-respect and torturing the phrase "esteemed colleague from Illinois", or
3. You are Bobby Rush and for God knows what reason, you want to go to war with the noblest traditions of the civil rights movement by torturing the pantheon of the honorable to shoehorn in a shameless, two-bit opportunist who jumped at the chance for a sham appointment by a corrupt, conniving governor.
January 2, 2009 1:50 PM | Reply | Permalink
Good to see you Ripper!
January 3, 2009 4:18 PM | Reply | Permalink
Wow ... We truly have the stupidest leadership on the face of the planet. Physically bar him from entering the chamber? Really? Call the cops on a 71 year old man? How about just let him in and not swear him in?
I thought I'd be glad to see the Democratic Senate get tough about something... but this? Wow. Talk about turning yourself into a spectacle for zero politic benefit.
January 2, 2009 11:13 AM | Reply | Permalink
Torture? good. War? Fine. Swearing in fellow Democrat? Heaven Forbid!
January 2, 2009 11:16 AM | Reply | Permalink
What the Democratic leadership did or didn't do about torture or the war is of zero relevance.
January 3, 2009 8:09 AM | Reply | Permalink
So this is when the Democrats will grow balls? When fighting themselves? Will nobody rid us of the Magic Underwearman Reid?
January 2, 2009 11:20 AM | Reply | Permalink
So this is when the Democrats will grow balls? When fighting themselves? Will nobody rid us of the Magic Underwearman Reid?
January 2, 2009 11:21 AM | Reply | Permalink
I know you didn't intend to post twice, but your comment should be stamped on the forehead of every Democrat in Washington.
Obama is doomed to ineffectual mediocrity. These people simply don't see their job as conducting business on behalf of the average American. They are their to implement policies enabling expansion of corporate and police control over the rabble, and to court favroable opinions form the Republican hacks that call themselves the Washington press corps.
Harru Reid is an enemy to progressivism. This cannot be overstated.
January 2, 2009 11:27 AM | Reply | Permalink
I wonder what these "leaders" think will happen if they don't seat him.
I'm not backing the guy, I'm just wondering what will happen after they refuse to seat him.
January 2, 2009 11:25 AM | Reply | Permalink
We can't say no to republicans but we are strong when it comes to our own!
January 2, 2009 11:29 AM | Reply | Permalink
Oh MY GOD. If they actually go to the effort of pulling a stunt like physically trying to block the guy from the Senate it will in fact be the most embarrassing low point the Democrats have ever reached in my lifetime, except for when they all got together around Iraq war time to sing 'God Bless America' to prove that they had nads or whatever the hell they were thinking.
this is beyond pathetic. Bush and Cheney, guilty of war crimes and the mass looting of the public coffers get practically no oversight or investigation. but they'll form a human fence to keep this guy out as if its the most important thing ever to happen. Yeah, Mr. Burris is not making a good case for himself, and of course should have turned the offer down immediately. but he didn't, and out of all the things they could put effort into, stopping this guy should be very, very low on the priorities list. JESUS CHRIST in a CAN people, the country is falling apart! fix the damn country, you idiots!!!
January 2, 2009 11:32 AM | Reply | Permalink
You say the Senate should focusing on fixing the country which is falling apart. Please explain how prosecuting Bush and Cheney will accomplish that.
I hate the Disastrous Duo but, frankly, I'm so sick of them I just want to see them go -- completely. That includes not wanting trials, etc., which does nothing to make the lives of every day Americans better. I'd rather the Congress use its political capital to focus healthcare, stimulus, environment. Hey, call me crazy.
January 2, 2009 12:20 PM | Reply | Permalink
A stitch in time saves nine. Nixon, bitches. Nixon. So many of these bastards are rotten fruit from that un-prosecuted administration.
January 2, 2009 1:59 PM | Reply | Permalink
Right on Dan! The neocons will be back at the first sniff of opportunity. They will all be scrubbed clean and wearing new suits and taking full advantage of the short short memory of average Joe. Prosecutions would put the fear of god into them for the crimes they committed. Dems are in some ways like the parents of neo-nazi teenagers who think a few AK47s in the closet are nothing to worry about .... my kid is just going through a phase ....
Look at the mess this country is in and get angry! Scooter Libby should be in prison and quite a few others!
January 2, 2009 3:47 PM | Reply | Permalink
This is theatrical crap. A new term can now be confirmed: "self-hating Democrat". No crime was too great with a Republican not to roll over time and time again. Impeachment... off the table, says Pelosi. Crimes against humanity and the country, you're our man, Bush- bipartisan cowardice is all the rage. Five million "lost" emails and refusal to respond to subpoena, watch out there's a sternly worded letter coming up.
Let's not use our constitutional powers of impeachment, inherent contempt, and power to direct the sergeant at arms to arrest and frogmarch Rove into the chambers of Congress. No. Heck, we won't even make the minority Republicans do an actual filibuster, just threaten one, when they try to obstruct and/or strip Americans of what little prosperity we have left with there trickle-down manure for ideology. Yet, we're all about following through in trying to nail a fellow Democrats. Welcome to the Lieberman-ization of Congress. Now we see why they let him keep his committee chair without consequences for assaulting Obama and shilling for McCain. Their looking to him for leadership about how to cut off their own noses.
I'm ready to give up on these quislings. Say what you will about that pompadoured pomposity, Blag. He's not even indicted. He has the legal power to do what he is doing, and his selection is qualified. You might not like it (I don't), but its the law, a "quaint" notion that seems to have been forgotten in everyone's rush to posture and everyone's retreat from accountability and law.
January 2, 2009 11:37 AM | Reply | Permalink
Refusing to seat Burris is just dumb, dumb, dumb on Harry Reid's part. It's clear that Blago will fight to the bitter end, and will remain in office until tried/impeached and convicted. It's anyone's guess how many months (years? that might take. Meanwhile, every day that this Senate seat sits empty is bad for Democrats, bad for Obama's economic agenda, and (bottom line:) bad for the country. That's so much more important in the scheme of things than taking a political (grand)stand against Blagojevich, who will disappear from the scene in a couple of years anyway, whether he's successfully convicted or not.
Secondly, the longer this drags on, the longer it remains a Big Story in the media (Blago is nothing if not "entertaining"!), and the longer the Republicans (led by that erudite arbiter of all things ethical, TV pundit Karl Rove) will flog their "isn't it terrible what a 'Culture of Corruption' there is in the Democratic Party?" schtick
What's worse, refusing to seat Burris gives the Republicans the perfect opportunity (which they will exploit with their usual panache) to tar the Democrats as racist. On the other hand, if Burris is seated over the objections of the Republicans, it is the Republicans who run the risk of looking like racists. Why won't our leadership just *dare* them to filibuster this appointment? Six months down the road, no one outside the beltway will care how Burris became a Senator, and no one (particularly not African Americans) will blame him for having accepted an appointment he "shouldn't" have accepted.
Unfortunately for President-Elect Obama, Harry Reid and the Dems are once again determined to shoot themselves in the foot. They'd rather allow the Republicans to torpedo their economic agenda then endure the "tsk-tsking" of the Washington Post editorial board. That is a mistake the Republicans simply would not make. Or did I miss that outcry calling for a "special election" to fill David Vitter's seat?
January 2, 2009 11:39 AM | Reply | Permalink
Hear Hear.
This clownish BS is why I no longer register Democrat. I'll Take Burris over traitor joe 8 days a week.
This is a perfect opportunity to have your cake and eat it too. You can continue to flay Blago while throwing up your hands and saying like it or not Burris pick is legal. Hopefully this is just theater and they'll end up by finishing the self inflicted drama and moving on. Sheesh.
January 2, 2009 1:56 PM | Reply | Permalink
I wish the Dems had balls like this when it comes to policing the repubs and Bush
January 2, 2009 11:39 AM | Reply | Permalink
They welcome back Lieberman with open arms but won't seat this guy who can't help but be a better Democrat than Lieberman ever was.
Oh, and they all give convicted criminal Ted Steven a standing ovation. Not to mention "Wide-stance" Larry Craig, who pled guilty to solicitation and who, last I checked, was never expelled or prevented from entering the Senate.
Blagojevich is lying ass, and Burriss is a tool for accepting the nomination, but I have to ask the same question--this is where Dems take a stand? Is it even worth it?
January 2, 2009 11:40 AM | Reply | Permalink
Hi, Illinoisan here. First off, the City of Chicago, Cook County and the State of Illinois, all three wonderful places which I have the absolute PRIVILEGE to live, flat out SUCK when it comes to governing.
By defiantly selecting Burris, it effectively means that Illinois now only has one Senator to represent the people of Illinois. It screws us, big time, b/c how can Durbin and his staff research and tailor bills that may affect our taxes, economic development, ecology?
Now there will be a lawsuit, and guess which lucky people get to pay the bills for that? The People of the State of Illinois!!!
January 2, 2009 11:43 AM | Reply | Permalink
Can't believe the direction of most of the comments here. You want party strength and unity? Then when Blaggo was told not to go through with the appointment - in no uncertain terms - the party can't just roll over and say "Oh, you appointed someone anyhow? Okay!"
Also, Burris is clearly an evil man. He persisted in prosecuting someone for murder in IL even after another many convincingly confessed, even after the prosecutor he'd assigned resigned rather than continue to go forward with the farce.
If Democrats are so spineless that we can't enforce party unity against the like of Blaggo, and standards of ethics even when (gasp) an older black politician is involved, we're hopeless. Evidently some portion of comment makers here believe we're hopeless unless we do the exact opposite - allow party dissolution, and forget ethical standards.
January 2, 2009 11:46 AM | Reply | Permalink
I agree with you! Everyone here is acting as if Burris is being victimized in some way when he is as big an asshole as Blago. Every one else turned down this offer from Blago because they knew it would be received this way. But not Burris. He wants its so bad, he's willing to become a complete tool, demean himself and start whining about racism.
Burris has been warned that he will not be allowed to enter the senate so if there's a scene, it will be Burris' fault for showing up and causing one!
I think Reid is a total wuss because he frequently folds. Many here have made the same claim. Now, when he insists on standing by this stated position (and that of 49 other Democrats) that no Blago appointee will be seated, you are rooting for him to be spineless?
I get it. You want him to stand firm as long as you agree with his stance. But if you don't, he should collapse like a $20 Wal-Mart pup tent? Makes sense to me.
January 2, 2009 12:05 PM | Reply | Permalink
Why should they admit this clown?
January 2, 2009 11:57 AM | Reply | Permalink
This is awful. I hope that this is mainly for show -- you know, to show the geniuses on the Right how ethical the Democratic leadership is. After all, Rush Limbaugh and Fox News are really going to consider this episode in assessing the leadership.
But, seriously, Chuck Schumer, you believe that Blago has no authority to name an Obama successor even though the Illinois statute is pretty clear that he has to appoint a successor?
Seriously, Harry Reid, you're going to call the cops on a 71-year-old replacement who has led a very admirable career in public service because you think his governor had no authority to appoint the guy, even though he's still the governor and still has the power to appoint?
This is nuts. There's no allegation that Harris pursued a quid-pro-quo. Democrats need to resolve this before Monday -- and they need to seat Harris. There are plenty of other battles to fight. This one isn't worth the energy.
January 2, 2009 11:58 AM | Reply | Permalink
They might seat "Harris" but "Burris"? Not so much.
January 2, 2009 12:22 PM | Reply | Permalink
Speaking as a non-Illinoisan, I'm OK with Burris taking the seat if he promises not to run in 2010. That would seem to take out the possibility of most personal gain, and Illinois gets its second vote. Dealing with Blagojevich becomes less of a crisis too.
January 2, 2009 12:01 PM | Reply | Permalink
He has made no such promise, and based on his apparent ambition, I wouldn't bet on it even if his did make such a promise now.
The biggest donwside to me is that if Burris is seated, the Democratic infighting in Illinois will continue at a fevered pitch into the 2010 election and very possibly could split the party and allow a Republican to take the seat.
If they can unite behind a Quinn pick in the net month or so, then chance of holding the seat in 2010 are much better, IMO.
January 2, 2009 1:03 PM | Reply | Permalink
This makes sense to me. From the outside, it looks to me that Burris would have very little chance of holding the seat in 2010 given the stars who want the seat. Any Illinois opinion on this?
As f-u appointments go, this isn't a bad one. Burris is close to fitting the definition of a placeholder: a well-known politician at the end of his career without any (documented) taint, who is unlikely to be elected when it's time.
I really hate the idea that the new Senate is going to spend even 5 minutes on this nonsense.
January 2, 2009 1:27 PM | Reply | Permalink
Illegal war in Iraq? Go Ahead!
Illegal wiretapping? Go Ahead!
Illegal surveillance? Go Ahead!
Subverting the Constitution? Go Ahead!
Torturing POW's? Go Ahead!
Politicizing the Federal Govt? Go Ahead!
Destroy the environment? Go Ahead!
Obliterate the line between church & State? Go Ahead!
Refuse to seat a Dem appointed by an alledged crooked Dem Gov rather than allow the courts to resolve the issues, thereby making it into a circus that will only embarass the Dems? Go Ahead!
THIS is why the Democratic Party is BROKEN. We need new, truly progressive leadership and candidates in 2010.
January 2, 2009 12:06 PM | Reply | Permalink
It's truly amazing to me that Reid et al. can summon this much outrage and courage toward another Democrat but they cower in the corner when ever the Republicans even look at them. What spineless leadership we have.
January 2, 2009 12:38 PM | Reply | Permalink
I think the missing point is that Blago tried to SELL THIS SEAT.
That said, Reid does have a legitimate leg to stand on that could withstand the blocking.
How do they know that Burris didn't buy it? So Reid can simply say that he cannot be seated until it has been verified that the appt is legitimate. That will take time..enough for the Blago impeachment to finish anyway.
Obviously Jesse White, IL Sec of State, didn't think it was legit enough to sign it. So really I don't think Burris will get as much sympathy as people are supposing.
January 2, 2009 12:42 PM | Reply | Permalink
Let's all sit back & watch the Democrats show more collective spine against one of their own than they have the previous eight years against the worst president ever, one who most thinking people agree has committed war crimes and egregiously overstepped the powers granted to him in the constitution.
This is your Democratic Party in a nutshell. Without the nuts.
January 2, 2009 12:43 PM | Reply | Permalink
Before I go off half-cocked, I'll wait for the Senate Democrats to actually do it before I comment on whether or not I think it was a good or bad idea. No point in raising a ruckus if they haven't spillt the milk yet. Right now, talk is cheap and a whole lot of hot air.
January 2, 2009 12:44 PM | Reply | Permalink
It is increasingly obvious to me that Barack Obama is going to have to step into the muck & salvage this situation. It is not in the interest of the party or the country for him to "stay above the fray" while white Dems embarrass themselves booting an elderly black man down the steps of the Capitol building as Congressman Rush screams "racist lynch mob!"
Obama's going to be in town and he'd better broker a solution to this mess. If he can't handle old Roland Burris, how's he going to handle...(fill in the blank)?
The Constant Weader at www.RealityChex.com
January 2, 2009 12:47 PM | Reply | Permalink
No matter what you think the senate should or should not do you must admit: having a legislature with no black members use armed police to block one from entering the chamber is NOT gonna look good.
Man, I want 2 senators representing me. I don't know what to do about the situation but this is such terrible timing to be under-represented.
January 2, 2009 12:51 PM | Reply | Permalink
Harry, let me clue you in on THE math.
Burris = -1.
January 2, 2009 12:58 PM | Reply | Permalink
Actually that should be YOUR math, Harry. THE math would be +1.
January 2, 2009 1:00 PM | Reply | Permalink
Let's try Dingy Harry's logic. We don't want to make Joe mad even though he is a disloyal smear job artiste because he might vote with Republicans even more often. However, we can allow a vacancy from Illinois during a grave economic crisis because the people of Illinois elected a wack job as Governor. Can we presume they would have refused to seat Caroline Kennedy if Spitzer hadn't let them run him out of his job?
January 2, 2009 1:08 PM | Reply | Permalink
In my opinion, Burris’ selection should be under review.
If Blagoavich is eventually convicted, or his peers determine that his conduct was irreprehensible, then it becomes a matter of determining whether the Governor was of sound mind, and whether any decisions he made was based upon sound reasoning.
Will it be determined that the Governor’s decision, was based more on “in your face politics” in an effort to thwart the will of the people, in a last ditch effort to extract hateful revenge, because the Democratic leadership would not support or defend the Governor when faced with expulsion.
Coming from an elected official accused of being corruptible, it comes as no surprise his apparent nature.
REVENGE being the motive and not Sound judgment, and Burris being the willing shill.
The Governor’s madness being made manifest, would cast doubt not on Burris but on whether the Governor was still acting irrationally, when he made his decision. The Governor having been forewarned, the implications of his continuing to interject himself as he faces the prospect of expulsion.
The Governor has arbitrarily ignored the many other counselors of his political base, a base of supporters and financial support that brought Blago to power.
A base that has repeatedly, rejected Burris in the past, but will now be forced to accept his appointment, not on an electorate, confident of Burris’s ability, but forced upon the citizens of Illinois, because they have no remedy to prevent the appointment?
This is a representative government and the unfit Governor has called into question his right to represent?
Blago’s going down and he’s determined to take others with him, especially those not willing to bend their knees, to his authority. That is the conduct not based on soundness of mind, but on Revenge. "Pay to play. Support my defense or i'll wreak havoc."
This is the type of conduct, that is going to remove the Governor from office, it is the corrupt nature of the man.
The Governor should not be allowed to act arbitrarily or with capriciousness.
His actions make a mockery of the principle of sound governance, where trust is the foundation.
January 2, 2009 1:36 PM | Reply | Permalink
So, if "refusing to seat him" is of questionable legal merit, fine. Just seat him. And then make the first order of business a vote on whether to expel him or not.
January 2, 2009 1:37 PM | Reply | Permalink
You beat me to it. Just so. Moreover, it should be asserted that both Burris & Blagojevich are innocent until proven guilty.
It's not as though seating Burris would be some big disaster for the Senate, for Illinois, or for the country as a whole. Frankie say relax.
January 2, 2009 1:52 PM | Reply | Permalink
Burris is a disaster already! He is a scumbag for taking an appointment from Blago just purely for his own gain and not giving a shit how it fucks up Illinois. Trying to make it about race and race alone is also just humiliating for two old black men who apparently just have no shame. Burris could never keep the seat in an election either so it is like giving away a Senate seat to the republicans when every vote there is going to count. Finally Burris prosecuted an innocent man for murder and knew full well he was doing it but chose his own ambitions over the life of an innocent man. That is disgusting.
January 2, 2009 4:04 PM | Reply | Permalink
I say fergedaboudit.
January 2, 2009 3:39 PM | Reply | Permalink
"The Constitution is quite clear that the Senate has the power to expel its own members (with a 2/3 concurrence). There are no limitations placed on this power - for example, they don't need to give any specific reason to use it."
I don't think that this is the law -- the Senate (and House) can expel a member for conduct occurring while in office, but not for conduct prior to membership, and certainly not for conduct by someone else prior to membership.
The issue here is much larger than Burris or Blagojevich -- it is a case about the proper apprehension of (and respect for) the constitutional limits on the power of one branch of the three co-equal branches. I suspect that most posters here who urge that the Senate exclude, or admit and then expel, Burris are of the view that the executive branch, for at least the past eight years, has acted in defiance of those limits, and of the view as well that that defiance has caused us all to pay a heavy price. Having the Senate go from supinely emulating the Weimar Reichstag's Enabling Act (with infinitely less excuse than the Germans) to becoming themselves the defier of constitutional constraints.
January 3, 2009 5:07 PM | Reply | Permalink
Oh man, f*&% Harry Reid and our stupid, spineless leadership if this is the issue they decide to get tough about. Ridiculous! You've got the GOP threatening not to seat Franken, and now this--the Dems saying they'll physically bar one of their own party, simply because they are terrified of blowback from the Blago mess. (And that's all that's at work here--I don't believe for a sec that all of this fire and brimstone has any basis in principles on the party's part.)
January 2, 2009 1:49 PM | Reply | Permalink
The holding in Powell v. McCormack, 395 U.S. 486 (1969) seems unequivocal in limiting the exclusionary power of either house to determining whether the person seeking admittance meets the "standing qualifications" set forth in Art. I, §2, of the Constitution ("No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen".
The opinion for the Court (a model of judicial analysis, in my view) was written by Chief Justice Warren (only Justice Stewart dissented).
The Court's opinion examines in detail the history of Article I, §5: "Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide".
A fair and attentive reading of Powell shows that after a probing analysis of historical precedent (from English and American law; from pre-1787 and post-1787 American sources) and textual meaning, the Court, with only Justice Stewart dissenting, wrote a clear and well-reasoned opinion that precludes any constitutional basis for barring Roland Burris from taking his seat and being recognized as in every respect a United States senator from Illinois.
It would be an unpleasant irony, as the first African American president of the United States takes office, were the Senate to seek to exclude a man who would be the only black member of the body, in defiance of a Supreme Court holding issued to bar the exclusion of a nationally known black Congressman from Harlem.
January 2, 2009 4:58 PM | Reply | Permalink
The key words you used are “and who shall not, when elected,”
When did Burris, get elected by the people, in this matter?
King George used the tactics employed by Blagoavich.
Burris's appointment is not by election. Only that the appointment satisfies the King whose about to be deposed.
Our Judges and our appointed leaders cannot act in an arbitrary and capricious manner. To do so takes us back to the days of Tyranny, where the People had no choice in their governance, only to be ruled by the whims of despotic rulers.
Blagoavich has become a despot.
January 2, 2009 5:24 PM | Reply | Permalink
Resistance -- I respect your attention to the text ("who shall not . . . when elected"), but also with respect I think that if you read all of Powell v. McCormack it's hard to argue that "when elected" are the "key words" of that opinion, and so they are not the "key words" of my comment.
Rather, Powell v. McCormack is a lengthy, clear, historically and textually argued statement that declares that it is the presumption of legislatures to impose more than the minimal Art. I, §2"standing qualifications" to be, to use your concluding term, the presumption of a "despot".
The states have the power under the US Constitution to determine the manner in which a vacant seat is filled. Illinois provides, as do many other states, that the seat is filled by gubernatorial appointment. The people of Illinois elected Blagojevich. Whether the Illinois legislature eventually impeaches, convicts, and removes him from office; a federal jury returns a felony guilty verdict against him; or he sooner resigns, he was the governor when he appointed Burris (about whom I know nothing other than his age and that only on the basis of a newspaper statement), and he did so in the manner proscribed by state law. That some people find Burris unfit is not relevant to power of Blagojevich to appoint him, or to the lack of power of the US Senate to bar him.
To put the matter in perspective, on what consistent grounds can you argue that the Senate is constitutionally empowered to bar Burris, but would not be constitutionally empowered to bar a person elected by the people, whom you thought to be an ideal senator, but whose views -- or the views of person appointing him, should the matter involve appointment rather than election -- the Senate found to be anathema? To argue that either house has any but the most limited (to the "standing qualifications" set forth in Art. I, §2) exclusionary powers is to set the legislature up as King -- precisely what was rejected by the US Constitution ("the consent of the governed") and even by the English cases preceding the US Constitution. It's a path that you, as an opponent of "despots", and all others who share you opposition (as do I), should not take.
January 2, 2009 7:03 PM | Reply | Permalink
What is the rush to appoint?
There is an old adage that say’s A good tree cannot bring forth evil fruit, neither [can] a corrupt tree bring forth good fruit.
Mr. Burris as correctly noted is not the one being tried, but he is a product. brought forth by a person whose "conduct that is considered contrary to community standards of justice, honesty, or good morals",
http://en.wikipedia.org/wiki/Moral_turpitude
Good moral character is a legal concept in United States law that details requirements for consideration
for certain benefits or positions.
The accused Governor, will have his opportunity to remove the bar, and the benefit of making appointments restored.
Until such time that the reproach that Blagoavich has wrought on the esteemed office of Governorship of Illinois, has been clearly presented, and adjudicated, the governor should be suspended from making executive decisions.
Fitzpatrick has asked for a 90-day extension, to bring forth the witnesses against the accused.
I do not think that the matter of appointments needs to be advanced hastily, prior to the indictment.
Especially an appointment made by one whom, as the evidence may prove should have had the privilege to appoint removed. The benefit of making appointments depends upon his meeting the requirements of being of Good Moral Character.
The process is tainted, until such time as the citizens through the Legislative process, or the courts determine the Governor competent enough or his exoneration of the accusations.
There should be no seating of anyone. Especially appointed by one accused of corruption.
January 2, 2009 9:53 PM | Reply | Permalink
Resistance states that "Good moral character is a legal concept in United States law that details requirements for consideration for certain benefits or positions."
This may be so. It is not relevant to the limitations imposed (wisely, in my judgment, but in any event without ambiguity) on the power of the federal legislature to bar from its ranks Adam Clayton Powell, Roland Burris, or someone appointed with the approval of Resistance.
January 3, 2009 9:33 AM | Reply | Permalink
Two words for Reid: Reed Smoot.
January 2, 2009 5:37 PM | Reply | Permalink
Watching "The Fugitive" from 1993 last night and who's marching in the Chicago St. Paddy's day parade, smiling at the camera while Harrison Ford tries to evade Tommy Lee Jones but Roland Burris himself. The man does make the most of his opportunities.
January 2, 2009 7:11 PM | Reply | Permalink
As Attorney General, Roland Burris tried hard to have executed two men whom he knew to be innocent. As I see it, allowing himself to be used by a corrupt Governor is just another chance for Burris to sell his soul for higher office.
January 2, 2009 9:28 PM | Reply | Permalink
You know what would look worse than keeping Burris out of the Senate?
Letting him in.
January 3, 2009 8:06 AM | Reply | Permalink
Well, many people, including me, are of the view that the current administration's lawlessness, including lawless violations of basic constitutional provisions, is at the root of the enormous damage this country has suffered and caused since Bush took office. If "keeping Burris out of the Senate" (or attempting to do so) would be an act contrary to the Constitution's limits on Senatorial power, and "Letting him in" would be an act obedient to the Constitution's limits on power, then it seems to me that the latter would not "look worse" than the former, but better. I also think that what looks "worse" or better is not the issue -- the issue is, What would be an act of lawlessness and what would be an act in compliance with constitutional limits on power. It has been precisely a violation of those limits by the Bush administration that so many so justly condemn.
January 3, 2009 11:24 AM | Reply | Permalink
Evidently some of Burris' supporters are not bothered by the actions of scoundrels.
Or have they rationalized or fooled themselves that Burris should be seated.
But other people see the self-serving Burris as no more than an opportunist, a covetous, greedy, grasping, and avaricious individual.
It’s time for folks to check their conscience, time for a reality check, because a lot of folks, think the Blago / Burris association stinks.
Better people than Burris refused to have any dealings with the Corrupt Governor
Our forefathers said it best, In the Declaration of Independence, in describing another leader King George “A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”
The same is true of an Unpopular Governor, whose accused of corruption.
Charges and acusations brought to the attention of the citizens of Illinois and the Country,
by a man with unimpeachable credentials. Who will provide evidence that the Governor should be stripped of his powers.
Then on the other hand, a character named Burris,
willing to make a deal with the devil himself, seeking political appointment from an accused lawbreaker.
Both people having no shame, one refusing to abdicate and another taking advantage of a sordid matter.
A decent law fearing man would have rejected having any contact with such a person, but not the self serving Burris.
That say’s something about Burris’s character.
Sorry about your lack of conscience
Hopefully the Honorable Congress will cast the scoundrel out.
It’s all about Honor, and Burris is lacking.
HOW COULD ANYONE ROLE THIS ONE OFF THEIR TONGUES.
THE HONORABLE, SELF SERVING BURRIS?
January 3, 2009 5:19 PM | Reply | Permalink