by Deb Cupples | Illinois Governor Rod Blagojevic has appointed former Illinois Attorney General Roland Burris to Barack Obama's Senate seat. Burris is African American. Breaking News Chicago reports:
"The defiant move tests the resolve of Senate Democrats who said they would not admit anyone appointed by Blagojevich, who is facing impeachment after being accused of trying to sell the Senate seat for personal gain. And it reveals to a nation celebrating Obama's victory the underbelly of Chicago's race-based political scene.
"President-elect Obama supported the announcement by Senate Democrats that Blagojevich's appointment 'will ultimately not stand.'"
A legal scholar cited at Huffington Post has a different opinion:
"Rod Blagojevich's decision to appoint Roland Burris to Illinois' vacant Senate seat, even as the governor faces intense criminal scrutiny, is being treated as a crazy political power grab. It also seems very likely to be permanent.
"A legal scholar writes in to say that precedent surrounding the Senate's right to not seat certain members seems very likely to fall in Burris' favor.
"My reading of Powell v. McCormack, 395 U.S. 486, is that the Senate probably can NOT constitutionally block Burris from being seated," writes the constitutional law professor. "Art. I, sec. 5 gives each House the power to judge the qualifications of its own members. Powell holds (inter alia) that the qualifications to be judged are those stated in the Constitution (see Art. I, sec. 3, cl. 3 and the 17th Amendment)."
"Burris has met all of those qualifications: he's over 30, been a US citizen for 9 years, he's an Illinois resident; he was appointed by the executive authority of the state to fill a vacancy, pursuant to Illinois law." (HuffPo)
Reportedly, Senate Majority Leader Harry Reid has insisted that nobody appointed by Blago would be allowed into the U.S. Senate. Sen. Reid certainly does know how to judiciously pick battles. It's a shame that he didn't stand so firmly against the Bush Administration.
Though it certainly adds to the drama, I question the use of the term "power grab" with respect to Gov. Blagojevich's appointment of Burris. Unless a bunch of evidence against Gov. Blagojevich ends up thrown out of court, chances are that he'll be convicted of crimes.
I cannot imagine what Gov. Blagojevich hopes to gain from appointing a U.S. Senator. If convicted, Gov. Blagojevich would likely be in prison: hardly be in a position to demand payback from Mr. Burris.
That and Mr. Burris would not be able to pardon Gov. Blagojevich for any federal crimes. That would be the prerogative of President-elect Obama or President Bush (if he acts quickly).
Time'll tell. Memeorandum has commentary.
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