Thursday, January 08, 2009
Congressional Mayhem Thursday: The 17th Amendment in Action!
Right now, there is a debate in Washington over seating the man (Roland Burris) selected by the Governor of Illinois to fill Barack Obama's former seat. The Senate, through its Democratic leadership, has refused to seat Mr. Burris, who was the Attorney General of Illinois.
Here is the text of the 17th Amendment, which controls the appointment and election of senators:
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
Under the 17th Amendment, it seems that even a disgraced Senator has the ability to appoint a Senator. So how is it that Burris can be blocked? The Constitution does give the Senate the ability to expel a member by 2/3 vote, but that isn't happening. The Constitutional requirements for the Senate are also clearly met by Mr. Burris: 1) each senator must be at least 30 years old, 2) must have been a citizen of the United States for at least the past nine years, and 3) must be (at the time of the election) an inhabitant of the state they seek to represent.
It would seem that Mr. Burris will have a strong legal case if he takes this matter to the courts. After all it's not like this never happened before...
Comments:
<< Home
I still would prefer the senate leadership wait until a Federal Court forces them to admit the new and tainted senator.
I still would prefer the senate leadership wait until a Federal Court forces them to admit the new and tainted senator.
I think Article I, section 5 trumps the 17th Amendment here because the basis for turning Burris away (at least on the surface) is the failure of the Illinois Secretary of State to certify Burris' appointment. Article I, section 4, clause 1 provides that each house will be the judge of the qualifications of its own members, and Article I, section 5, clause 2 provides that each house will determine the rules of its proceedings.
It seems clear to me that the Senate has, by rule, provided that it will determine the qualification of a member to be seated, be it by election or appointment, through a certificate signed by the secretary of the electing/appointing state.
I don't see Powell as applicable because the House was forthright in that case that it wouldn't seat Powell because they suspected him of corruption, not because of an irregularity in his credentials.
It seems clear to me that the Senate has, by rule, provided that it will determine the qualification of a member to be seated, be it by election or appointment, through a certificate signed by the secretary of the electing/appointing state.
I don't see Powell as applicable because the House was forthright in that case that it wouldn't seat Powell because they suspected him of corruption, not because of an irregularity in his credentials.
The important question is... now that he is in the Senate, what should Roland Burris drive? We will assume he was driving a 1982 Dodge Aspen up to this point.
No way this guy has been inside an Aspen in years, if ever. My Mom, however, drove an '80 Aspen wagon for 8 years. With Fake wood paneling.
Jodi -
A ginormous white Cadillac with gold trim, spinners, and deep tinted windows. He can park it at his mausoleum when the man who appointed him (God, that is) calls him home.
A ginormous white Cadillac with gold trim, spinners, and deep tinted windows. He can park it at his mausoleum when the man who appointed him (God, that is) calls him home.
As to the Burris appointment, if you don't know much about him, first read this:
http://www.nbcchicago.com/news/local/The-Best-of-Burris.html
The check out the photo of his tombstone ("terrifying death chamber") yes, he's got one despite the fact that he's still alive:
http://wonkette.com/405196/roland-burris-has-already-constructed-his-terrifying-death-chamber
Like I said, this guy does NOT drive an Aspen!
The rules of the House of Representatives and the Senate are VERY different. The Powell case will not be precedent.
The real screw up here was the failure of leadership by the State Legislature in Illinois. They could have changed the law to take away the Governor's power of appointment and set up a special election -- which is how interim Senators are selected in a number of states. But the Democratic Party controlled legislature got scared and feared that a Republican could win if a special election was held. So they punted. And Blago went ahead and appointed Burris.
If the Illinois GOP can find two mammals without the taint of scandal, my guess is that they could win both the Senate seat and the Governorship in 2010.
http://www.nbcchicago.com/news/local/The-Best-of-Burris.html
The check out the photo of his tombstone ("terrifying death chamber") yes, he's got one despite the fact that he's still alive:
http://wonkette.com/405196/roland-burris-has-already-constructed-his-terrifying-death-chamber
Like I said, this guy does NOT drive an Aspen!
The rules of the House of Representatives and the Senate are VERY different. The Powell case will not be precedent.
The real screw up here was the failure of leadership by the State Legislature in Illinois. They could have changed the law to take away the Governor's power of appointment and set up a special election -- which is how interim Senators are selected in a number of states. But the Democratic Party controlled legislature got scared and feared that a Republican could win if a special election was held. So they punted. And Blago went ahead and appointed Burris.
If the Illinois GOP can find two mammals without the taint of scandal, my guess is that they could win both the Senate seat and the Governorship in 2010.
I think IPLG has it (as usual). The House and Senate are different enough to make the Powell "precedent" problematic.
I think the Senate can make the constitutional argument that they "reserve the right to refuse service to anyone," but it is just disingenuous, ultra-hypocritical, and not very politically astute.
Quoting myself from last week:
This seems to me a case in which the institutional "right" conflicts with right and wrong, and the fine print may not be in keeping with the "spirit of the law."
Bottom line: Harry Reid and company need to hold their noses (for public consumption), seat Burris, and move on.
I think the Senate can make the constitutional argument that they "reserve the right to refuse service to anyone," but it is just disingenuous, ultra-hypocritical, and not very politically astute.
Quoting myself from last week:
This seems to me a case in which the institutional "right" conflicts with right and wrong, and the fine print may not be in keeping with the "spirit of the law."
Bottom line: Harry Reid and company need to hold their noses (for public consumption), seat Burris, and move on.
I'm pretty sure that Mr. Burris will be seated. He is testifying before a Blagovich grand jury today or tomorrow. Provided his testimony is clean (I'm sure Fitzgerald will let them know), they will seat him. If there are any surprises later, he will have purjured himself and they can throw him out of the Senate.
Lane: I agree. In all seriousness, Obama raises the political IQ of the Democratic Party about 50 points. My sense is that he has gone along for the ride on this, letting Harry feel like he is still running things. Bad move.
An aside: compare this to the Joe Lieberman redemption.
The good news for the GOP (bad news for the country) is that the President(-elect) is one in a million. I fear that the Harry Reids, John Kerrys, and Caroline Kennedys are much more representative of our current crop of Demo leaders.
An aside: compare this to the Joe Lieberman redemption.
The good news for the GOP (bad news for the country) is that the President(-elect) is one in a million. I fear that the Harry Reids, John Kerrys, and Caroline Kennedys are much more representative of our current crop of Demo leaders.
Good leaders are one-in-a-million. Charismatic people are too. President-Elect Obama's uniqueness is a bit of a double-edged sword, yes, because you see just how lackluster the also-rans are in comparison.
But I'm not so sure it's good political strategy for Obama to try to be everything all at once, or to reduce the other Democrats to mere underlings. If the Bush administration has taught us anything, it's that patsies and fall guys are invaluable.
I'd be shocked at the naivete of the President-Elect if he didn't leave himself a few places to lay the blame beyond himself. While such actions are noble and stir the romantic in our souls, the pragmatist cringes.
But I'm not so sure it's good political strategy for Obama to try to be everything all at once, or to reduce the other Democrats to mere underlings. If the Bush administration has taught us anything, it's that patsies and fall guys are invaluable.
I'd be shocked at the naivete of the President-Elect if he didn't leave himself a few places to lay the blame beyond himself. While such actions are noble and stir the romantic in our souls, the pragmatist cringes.
Lane: We are in agreement.
I was being a bit lighthearted. You are absolutely right. The guy cannot do everything--and, even if he could, that is bad leadership.
Harry needed to make this mistake on his own; in the end, it will make him a better person. Barring that, it will make him easier to deal with the next time the exec and leg lock horns.
I was being a bit lighthearted. You are absolutely right. The guy cannot do everything--and, even if he could, that is bad leadership.
Harry needed to make this mistake on his own; in the end, it will make him a better person. Barring that, it will make him easier to deal with the next time the exec and leg lock horns.
Illinois? Chicago? Where's that?
No, no, no.... I'm from Hawaii! I don't know this Blago person or this Burris guy at all.
No, no, no.... I'm from Hawaii! I don't know this Blago person or this Burris guy at all.
He said he knows Burris and likes him. IPLG, you exaggerate too much. What did you want? Photos of them hugging?
Secret audiotapes of Obama and Burris plotting a break-in at the Watergate Hotel to get dirt political enemies.
I think that Blagojevich delighted in putting the Senate in a no-win, damned-if-they-do, damned-if-they-don't, position by nominating Burris.
And, even though IPLG's articles show that Burris is egotistical and a bit of a nutball, I daresay he's not the first senator to be one, and he does't appear to be dangerously so. So: I agree that Reid should just hold his nose and seat the guy.
And, even though IPLG's articles show that Burris is egotistical and a bit of a nutball, I daresay he's not the first senator to be one, and he does't appear to be dangerously so. So: I agree that Reid should just hold his nose and seat the guy.
I just like typing "terrifying death chamber."
And I have to agree with comments others have made about Burris' self-designed memorial -- this is not the work of an uncorrupt man.
Post a Comment
And I have to agree with comments others have made about Burris' self-designed memorial -- this is not the work of an uncorrupt man.
<< Home