oleeb's picture

    Either we are a nation of laws, not of men or we are not

    By oleeb on Wed, 01/07/2009 - 3:33am |

    Regardless of what anyone thinks of Gov. Blago of Illiniois, he remains the Governor and therefore retains all the powers of the office undiminished in any way.  It is very clear that he has full authority to appoint anyone who is qualified to the vacancy Obama's departure from the Senate has brought about.  There is simply no getting around the fact that the Governor has acted lawfully in appointing a new Senator and that both the Illinois Secretary of State and the United States Senate are in open defiance of the law by refusing to recognize Senator Burris as a Senator which he clearly is.  The idea that if they just ignore Burris until an indictment comes down provides no legal cover for them.  Even if Blago is impeached or resigns he has already appointed Burris and the next Governor will not have any legal authority to make an appointment to fill that seat.

    If we are, as has often been claimed, "a nation of laws and not of men" then it seems to me that as unctious and even unpalatable as it might be to have Roland Burris take his lawful place in the US Senate, he must be seated.  It is important to abide by the law.  To refuse to seat Senator Burris is an act in open defiance of the law.  We Democrats have been vocal in our protestations about the unlawful acts of the Bush regime for years now.  We cannot now throw out our concerns about the rule of law simply because of the political scandal swirling around the Governor of Illinois.  The Senate Democrats' refusal to seat Senator Burris is really nothing more than disgraceful political manuevering.

    Roland Burris is a decent public servant and should be sworn in and given all the respect and authority of the office of Senator without delay.  The more political gamesmanship the Democrats engage in on this matter, the worse it will be for them in the long run.  As usual, the overly calculating DC Dems are going to create more problems for themsleves down the road with all their games than they would have had to deal with if they simply had seated the new Senator as is their duty.

    Comments

    No complaining when past contributions to Bolgojevich, made by Burris, and entities that Burris is directly associated, make him cannon fodder then.

    Eyes wide open:

    Burris has given more than $20,000 to Blagojevich's campaign fund on his own and through his consulting and law firms, state campaign finance records show. Burris' consulting company received about $290,000 in state contracts with the Illinois Department of Transportation a few years ago, according to state comptroller records. Some of the clients Burris' firm lobbied for also got state business.

    Rick Pearson and Ray Long, "Gov. Rod Blagojevich picks former attorney general to replace Obama", Chicago Tribune, December 31, 2008

    Burris, his lobbying firm, his clients and a law firm that includes him donated $127,986 to Blagojevich since the governor took office. Burris himself gave $4,500 to the governor, including $1,000 last June. His lobbying firm, Burris & Lebed Consulting, gave $10,796 in cash and services. The law firm with which Burris is affiliated kicked in $5,000 for the governor. Burris' consulting firm has gotten $294,546.30 in state contracts under Blagojevich.

    Burris' lobbying clients -- which were under contract with the state for $3.09 million while he represented them -- contributed $107,690 for the governor.

    Dave McKinney and Chris Fusco, "Blagojevich names Roland Burris to Obama's Senate seat", Chicago Sun-Times, December 30, 2008


    by PseudoCyAnts (not verified) on Wed, 01/07/2009 - 10:59am

    Those contributions don't have any impact whatsoever on Blago's legal authority to appoint Burris and for Burris to serve. It simply has nothing to do with it. The laws, not the political considerations, are what must be followed.


    by oleeb (not verified) on Wed, 01/07/2009 - 2:54pm

    The law gives Governor Blago-- who was duly elected by the people of his state-- the authority to appoint Burris. Blago has appointed Burris. Blago is still in office and legally performing his duties as governor, right? So why would anyone bother to argue that his legal authority to perform this duty is any different? One could argue this is different because he was allegedly selling the seat to the highest bidder, but he is innocent until proven guilty and has not been impeached. Did I miss some new law that gave Senate members the right to act as a Governor for Illinois, state legislature, prosecutor, judge and jury?

    It's frightful that many Americans aren't considering the danger of the Senate's brazen attempt to circumvent the law and influence who joins its membership.

    It looks as though the rule of law is getting turned on its head here. The emperor has NO clothes and is strutting around stark naked.

    The American voters, Obama, and the Obama administration and Congress have a monumental opportunity to set an example of good governance that could reverberate greater justice and better government throughout the world. If I were Obama, I would be awestruck by the growing enormity of this responsibility to guide this runaway train back on track.

    "Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives."
    James Madison

    "It is too early for politicians to presume on our forgetting that the public good, the real welfare of the great body of the people, is the supreme object to be pursued; and that no form of government whatever has any other value than as it may be fitted for the attainment of this object."
    -James Madison


    by Logico (not verified) on Wed, 01/07/2009 - 5:14pm

    I agree with you 100%. I am amazed, however, at how few people seem to care. It's disconcerting to say the least.


    by oleeb (not verified) on Wed, 01/07/2009 - 9:38pm

    I wasn't questioning whether Blagojevich has the authority to appoint a Senator, I was was questioning whether Burris was appointed because of his past contributions to Blagojevich, because this will surely be a campaign issue. Eyes wod open, going in, and no whining come 2010.


    by PseudoCyAnts (not verified) on Wed, 01/07/2009 - 9:43pm

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