MSNBC reporting that a "Democratic Senate source" said Roland Burris will NOT be acceptable

[jenmito]

Chuck Todd supposedly just spoke to this source. But what can the Dems. do to stop it?

[babylonsister]

1. Reid is supposed to be making a statement shortly so we should

find out what their reasoning is.

[jenmito]

4. OK. I wonder if it's because ANYONE Blagojevich appointed would be tainted

just because it's Blagojevich who appointed him.

[hlthe2b]

2. Senate can refuse to seat him... (or anyone else)

[jenmito]

5. Thanks for the info. n/t

[camera obscura]

7. That might not be true:

http://www.talkingpointsmemo.com/archives/2008/12/maybe_the_senat.php

(I just posted a new thread about it since the above link was news to me)

[hlthe2b]

14. Well, there is sure to be some backdoor wrangling, then....

that's for sure. It seems Senate leadership "thought" they had that power. You'd think their own legal beagles would have sorted this out by now.

[babylonsister]

9. I don't know about that. From TPM:

http://www.talkingpointsmemo.com/archives/2008/12/maybe_the_senat.php

Hey, Josh--re the Senate's power.

I think you're wrong about saying the Senate has full power not to seat the Gov's pick. In Powell vs McCormick, a 1969 case involving Adam Clayton Powell, the Supreme Court said, 7-2, that a house of Congress does NOT have such power-they can judge "qualifications" in the Constitutional sense (age, citizenship, etc). And they can judge elections, but say nothing about appointments. (Nate Silver did a great piece on this awhile back).

They can probably EXPEL a member as they see fit--though the Court's decision does not make that clear---but on what grounds? Just because they don't like the guy who picked him?


http://en.wikipedia.org/wiki/Powell_v._McCormack

[hlthe2b]

16. Boy, are the courts being kept busy, it seems...

[Pab Sungenis]

18. They don't need grounds.

And I think 2/3 of the Senate right now would vote to expel on corruption grounds.

[babylonsister]

20. Why wouldn't they need grounds? What would be the point of the

gov being able to replace a senator in the first place?

[Pab Sungenis]

24. The houses have the absolute right to expel members.

They don't need reasons, just 2/3 vote.

[babylonsister]

27. See post #9; not according to that case. nt

[Pab Sungenis]

28. I did.

That case was not about an expulsion, but a refusal to seat. In fact, Powell's argument was that they didn't have the votes to expel him, which is what they should have done.

He shows up with his credentials, they swear him in, then there is a motion to expel, it's voted on, and he's gone.

[babylonsister]

30. If that's the case then the rules need changing. Why even involve

a governor in the process if they can overrule his selection? As usual, doesn't make much sense.

[Pab Sungenis]

33. In my scenario, they ARE accepting his choice

then expelling him.

[TexasProgresive]

3. Refuse to seat him in the Senate.

The Senate has that right.

[jenmito]

6. Thanks to you for the info., too. n/t

[Freddie Stubbs]

31. Where do they get the power to do that?

:shrug:

[BluegrassDem]

8. What's wrong with Burris? He'd be the Senate's only AA member

Is there some reason why Reid won't seat him? He'll likely be a caretaker. More importantly, he keeps the seat in Democratic hands. I don't think Burris has anything to do with this scandal, does he?

[jenmito]

11. I have no idea. Maybe the Dems. just don't want Blagojevich to seat ANYONE

since it would stink in the eyes (noses) of many.

[ClarkUSA]

10. Reportedly, Burris is so damned ambitious that his reps have said he's already accepted.

The man is tacky to the max. I hope he isn't seated.

[jenmito]

13. Wow! That IS fast! n/t

[pscot]

12. What makes him unacceptable?

His record looks pretty good.

[jenmito]

15. We should find out soon when Reid lets us know.

:shrug:

[knowledgeispwr]

17. Maybe because Blago appointed him.

I believe the Senate warned Blago previously that they wouldn't seat anyone he appointed: http://www.chicagobreakingnews.com/2008/12/blagojevich-to-name-burris-to-senate.html

[GarbagemanLB]

19. He is unacceptable because Blago appointed him.

[ericgtr]

26. That's it exactly

It doesn't matter who he appoints, he shouldn't be doing it at all and the fact that he's even attempting to is unbelievable.

[PassingFair]

21. We need Jan Schakowsky in that senate seat.

She's true blue.

[PassingFair]

22. We need Jan Schakowsky in that senate seat.

She's true blue.

[NYC_SKP]

23. I hope there are good reasons beyond the fact that Blago chose him.

What a clusterfuck; any appointment bears the cloud of doubt as the investigation goes forward.

A good leader would have, I think, recused himself, but that's not happening.

What a shame if Burris is an excellent choice but has to bear the baggage in his service of the asshole (presumably) of the dude who chose him.

If he's prevented from service, I really hope that there are substantial reasons for the decision based on qualifications.

What a mess!

[jenmito]

34. According to Chicago reporter Jill Zuchman, it IS only because Blagojevich chose him.

They supposedly said "no offense" to Burris, but ANYONE Blagojevich appointed would be unacceptable because he's the one who appointed him. I guess the Dems. would rather possibly lose the seat to a Repub. in a special election.

[knowledgeispwr]

25. The Dems can expel him as soon as he is in the Senate. n/t

[Freddie Stubbs]

32. They will need some Republican votes to do that

A 2/3 vote is needed to do so.

[suston96]

29. I believe the Seventeenth Amendment is clear enough......

....nothing in it about the Senate deciding who is acceptable or not acceptable.

Senate rules cannot diminish the authority of the US Constitution.

Amendment XVII: Senator election and number.

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 such 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.

[Samantha]

44. And that is it in a nutshell

I was headed to the bottom of this thread to post this sentiment. The Senate cannot pass a rule that supersedes the Constitution. Although the Senate and the House both have done this on other issues, passed laws that "qualify" or "clarify" the Constitution, the fact is the Constitution is the Supreme Law of the land and cannot be changed or modified by a legislative act, Federal or not, much less a simple rule enacted by a body. If the Senate does expel him, I think the fact it will be challenged in court is a given. And I find it highly improbable any Court wants to be accused of "writing election law" at this particular time. It is just too controversial an issue at this political intersection. Add to that this man will be the only African-American Senator, one must assume he will garner a lot of support for admittance.

So unless some very unusual circumstances appear that damage his integrity of character, and a $14,000 donation to the Governor's race will not cut it ($14,000 in Chicago political donations do not equate to two nickles), the practical approach would be to let the appointment stand.

I think a lot of huffing and puffing will naturally follow, especially from Republicans hoping for the special election, but so what.

After all, the Dems, and the Illinois legislature dropped the ball on this. I don't really care for the Governor of Illinois, but I do believe he has the law on his side, and I will be surprised to hear otherwise.

Sam

[Leo The Cleo]

35. This is SIlliness

Of course the man is a good choice. Just because Belgojevich is sorrupt doesn't mean he didn't choose a capable politician. He chose, one of the better attorneys in the state. In general, politicians come from the class of attorneys. So, I won't knock the choice. Now, should Belgojevich have been able to make that choice? Of course. He's the Governor. It's his job. Can't tell a guy not to perform his duties as Governor. That is a affront to the people who put him there. Until he is out of office he should continue to work.

[SuperTrouper]

36. Holy Cow, the shit will hit the fan.

[AtomicKitten]

37. I wonder who's going to play Blago in the movie version.

[SuperTrouper]

39. Nick Nolte with a black wig

[ginnyinWI]

38. the IL Sec-state won't certify any Blago appt.

see article: http://news.yahoo.com/s/ap/20081230/ap_on_re_us/illinois_governor

[jenmito]

40. Thanks for the article. I wish they WOULD certify him so the Repubs. don't

have a chance of getting a Repub. in there.

[Vinca]

41. White will probably provoke a court challenge if he doesn't certify him.

What a mess. My concern is Harry refusing to seat the guy is going to mean party infighting will be front and center when it should be the economy, jobs, the wars, Israel, healthcare,etc. Unless the appointee is a major bum, maybe they ought to live with it for now. Republicans must be enjoying this immensely.

[Shrek]

45. The SoS doesn't have that discretion

(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. If Senate confirmation is required, the date of the confirmation shall be included in the register.

LINK

The senate statement came as Illinois Secretary of State Jesse White, an African American who is one of the state's most popular vote getters, said he would not certify Burris.

But White aides acknowledged the lack of a signature on the form is symbolic and the office doesn't believe it will have any practical impact on Blagojevich's appointment.

"We feel the governor can still take the appointment to the Senate," White spokesman David Druker said.

[amandabeech]

42. Rep. Bobby Rush is speaking on MSNCB in favor of Burris.

Seal said that any refusal of the Senate to seat Burris would constitute a lynching.

Seal said that he would take it to the Congressional Black Caucus.

Unfortunately, Blago was on the stage along with Seal and Burris.

This could be messy and result in bad feelings in the AA community.

Reid had better be careful here.

[Phx_Dem]

43. I don't think they get to approve the selection.

[S_E_Fudd]

46. Nothing they can do...

My suggestion would be to deny him membership in the Dem caucus and refuse to assign him to any committees until Blago resigns...