Welcome to Democratic Convention Watch

Donate to DCW


Follow DCW on Twitter
Follow DCW on Facebook
2012 Democratic Convention
2012 Republican Convention Charlotte Host Committee
DNCC
2010 Census

Follow DCW on Google+
DCW iPhone App Info
A Guide to DemConWatch
Tags
FAQ
2008 Democratic Primary Links
2008 Democratic National Convention Links
DemConWatch Archives '05-'08
DemConWatch Speeches
Inauguration Information
DCW Store

HOME
Mobile Version




Search


Advanced Search
Contributors:
MattOreo
DocJess

This site is not affiliated with the DNC, DNCC, or any campaign.

Email us at

Blog Roll
Frontloading HQ
The Field
MyDD
Swing State Project
DemNotes
DemRulz

DCW in the News
St. Louis Channel 2 News
AP
Politico
Wall Street Journal
The New York Times
NPR
Wired
US News & World Report

Burris Back in DC

by: DocJess

Mon Jan 12, 2009 at 06:30:00 AM EST


Lawyers for Senator Roland Burris return to DC today to press their case. They think they've got all their ducks in a row. And legally, they do. The question is whether or not the Senate decides to go with "law" or "politics".

I have prepared a poll, and a lot of you are going to hate the choices. I've read all the comments since this whole imbroglio began, and I hear the venom at Rod Blagojevich. I understand those feelings. But this is a question of LAW. If we lose our laws, if we put personal feelings and politics ahead of the foundations of being a country of laws, we lose everything that makes America unique.  Laws can be wrong, and may need to be changed: but as enacted, they stand. Law dictates that the duly elected Governor of Illinois (no matter how you feel about him) was to appoint someone to fill the seat vacated by Barack Obama. He did his job. This appointment is not about him, it really is about whether we want that 58th Democratic Senator: a seat that would be filled by someone untainted by scandal.

Supporting "the law" means being in favour of things you abhor: the Nazis marching on Skokie, the burning of the flag, some criminal getting off because he was not Mirandized.  Perhaps the Senate will come around to that, but maybe not. As an aside, Hiram Montserrate took his oath of office on New Year's Eve.

DocJess :: Burris Back in DC

Follow Democratic Convention Watch on Facebook and Twitter. Iphone/Android apps available.

Tags: , , , (All Tags)
Print Friendly View Send As Email

Burris Back in DC | 4 comments
choice (0.00 / 0)

I favor politics and law.  That's A Democratic vote Reid is holding up, when we need every one we can get.

 



Cake (0.00 / 0)
I agree, Jessica, but this is a case where we have out partisan cake and eat it too.

As an interesting discussion, suppose Blagojevich had appointed a reputable Republican with no sign of a tit-for-tat. Maybe even accompanied by an announcement by Blagojevich that he no longer felt at home in the Democratic party, and was becoming an independent.

Nothing's changed with the legal aspects, but we don't get that 58th Dem...

Would any of you have different poll votes for that case?


wow! (0.00 / 0)
how about i hold morality above corruption? doing a lot of push polling these days?

Legal Question (0.00 / 0)

My one question is whether all has been done that legally has to be done to complete the appointment process. 

The decision of the Illinois Supreme Court notwithstanding, I think there is an alternative reading of the federal statutes to treat the "election" of Senators as including the appointment of someone to fill the vacancy.  Under that reading, the document completed by Secretary of State White would not meet the statutory requirement.  As a federal question, that would justify asking the U.S. Supreme Court to review the mandamus case.

My personal preference would be that the Senate Democrats do not push this unresolved legal issue and treat the documents presented as sufficient proof that Burris has been appointed (the spirit of the law) and move to the issue of whether the "election" / "return" is invalid for another reason.  So far, I have seen no evidence suggesting that Burris is implicated in Blagojevich's attempt to sell the Senate seat. 

That puts this in the same circumstance as laws signed by Richard Nixon in 1973 and 1974.  Blagojevich is still Governor.  He still has the power to act as Governor.  His deeds as Governor are presumptively valid and are not void merely because he may be guilty of the charges in the articles of impeachment.  If he is found guilty, he will be removed.  Everything that he does prior to that is valid unless void for a different reason than the mere fact that Blagojevich is the one who signed the bill, made the appointment, etc.



Burris Back in DC | 4 comments


Menu


Username:

Password:



Forget your username or password?

Make a New Account


Currently 0 user(s) logged on.



Subscribe to Posts

DemConWatch on Twitter
DemConWatch on Facebook


View blog authority

Add to Technorati Favorites

Wikio - Top Blogs - Politics

Who links to my website?

Sign the Petition (A)
Powered by: SoapBlox