After Lisa Madigan got clobbered by the Illinois Supreme Court you'd think our elected officials would be a little more careful about providing Blago with another public relations win. Jesse White may have done that with his promise to not certify his pick of Roland Burris to the Illinois Senate seat.
It's hard to see how a court would see White's certification of Blago's appointment as anything other than ministerial. Just as I don't have the ability to kill a County Board ordinance by not signing it, I don't think White can stop this appointment. Further, the requirement that White certify the appointment may not even be Constitutional. White's stand, like Madigan's, seems to be taken more for political gain than out of any legal principle.
And for another fun thought on this circus, imagine that a court does order White to sign the appointment. Now it gets tosses into Harry Reid's lap. I'm not sure, but I think that in any lawsuit by Blago against Reid, Madigan would represent the State of Illinois.
Ok Mark, let's indulge this hypothetical a little further -
Say Jesse White doesn't sign the papers, and Blago goes to the ILSC and wins a judgment against him. Then what?
White still doesn't sign it, so he's in violation of his oath of office. Sounds like the appropriate remedy is impeachment.
Hm. One problem with that - the ILGA agrees with what White did, and not with what Blago did. So no impeachment. And still no senator.
well, if Blago files a mandamus action and White doesn't do it, maybe it's contempt and the judges can throw him in the slammer. i can't imagine white is going to go against a court. he'd toss it straight into reid's lap
According to Capitol Fax, the requirement that the Secretary of State must certify the appt. is a U.S. Senate requirement, not an Ill. state requirement, so I'm not certain how this would all shake out if Blago, et al, decide to try to sue. Cap Fax also says this appt. is not being greeted with rejoicing in Washington, D.C., so it looks like rough sledding ahead for Burris.
Whether or not the Senate would require the Secretary of State to certify, it is still required by Illinois law because he's the chief recordkeeper. The function is not discretionary and it would likely be Burris, not Blago, that files the suit since he is the party of interest here. And the pimp is, even if Blago is impeached now, Burris can still fight the claim about whether he was legally appointed.
White has no grounds to stand on and he knows it. Failure of political backbone on the Democrats part does not constitute cause to discard our constitution and laws.
They could have impeached in a "no confidence vote" style and they could have passed a special election law (granted Blago might not have signed)... instead, they monkeyed around and allowed this freakshow to continue. The only one to blame here is Mike Madigan.
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j
Part-Time Pundit
It's time for the most holy and untainted PE Obama to step up to the plate and roundly condemn this whole sideshow, Blago for appointing Burris, Burris for accepting it, and Rush for seconding it. I'm not holding my breath.
Burris is a Bozo for accepting this.
Michael Fuerst
(Click here for Urbana postage stamps, T-shirts and bumper stickers.)
So far, I have yet to hear anybody address the question: Is Burris reasonably honest and qualified? If he is, and at this point it seems that this is the case; it would appear that Blago has outmanuevered his pursuers.
Ralph... I believe the going theory is that by accepting the offer by Blagojevich it either proves he's corrupt... or has lost his mind... or possibly both.
My additional theory is that Blago has gone so far over to the dark side that he's more hairdo than man now, and may be holding Burris family members hostage.
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Glock21 Op/Ed
Dear Anon 9:21: You don't need to hold your breath. PE Obama has already pubicly criticized the appointment of Burris. For whether that meets your definition of "roundly condemn", I won't hold my breath.
I forgive you for not knowing this. Perhaps you don't subscribe to the London Daily Mail which has already reported on this, and you are waiting for word to reach Illinois:
Obama condemns governor accused of selling his senate seat for naming his replacement
But President-elect Obama has already criticised the move, taking time out from his holiday in Hawaii to speak out.
In a statement, he said he was disappointed that Blagojevich had appointed Mr Burris to fill the vacancy.
http:// www . mailonsunday.co.uk/news/worldnews/article-1103410/Obama-condemns-governor-accused-selling-senate-seat-naming-replacement.html
(15 ILCS 305/5)(from Ch. 124, par. 5)Sec. 5.It shall be the duty of the Secretary of State:1. To countersign and affix the seal of state to all commissions required by law to be issued by the Governor.2. To make a register of all appointments by the Governor, specifying the person appointed, the office conferred, the date of the appointment, the date when bond or oath is taken and the date filed.**********************************************************
I see no provision by which the SoS could refuse to register this appointment, but it's still moot. Article I, Section 5 of the U.S. Constitution: "Each House shall be the judge of the elections, returns and qualifications of its own members..."
"It shall be the duty..."
Seems pretty compelling to me.
On the other hand, I've been told that the clause in the U.S. Constitution you referenced has been interpreted in the past by the SCOTUS to mean only that Congress may judge whether the member meets the qualifications as specified in the Constitution, without utilizing, creating, or imposing any additional criteria.
Petitioner Powell, who had been duly elected to serve in the House of Representatives for the 90th Congress, was denied his seat by the adoption of House Resolution No. 278 which the Speaker had ruled was on the issue of excluding Powell and could be decided by majority vote...
...Further, analysis of the "textual commitment" under Art. I, § 5 (see 395 U. S. B(1)), has demonstrated that, in judging the qualifications of its members, Congress is limited to the standing qualifications prescribed in the Constitution. Respondents concede that Powell met these. Thus, there is no need to remand this case to determine whether he was entitled to be seated in the 90th Congress. Therefore, we hold that, since Adam Clayton Powell, Jr., was duly elected by the voters of the 18th Congressional District of New York and was not ineligible to serve under any provision of the Constitution, the House was without power to exclude him from its membership...
"Congress has the power to expel, but note exclude" a duly qualified member. Whether you like it or not, Burris is the Junior Senator from Illinois. white has a minisreial duty to execute the required certificate. I invite you all to read Powell v. McCormack 395 U.S. 486 (1969). Professor Reid's greatest work !