Steve Chapman in the Chicago Tribune: Why the Senate should seat Burris

[wndycty]

Why the Senate should seat Burris

Steve Chapman
January 4, 2009

One of the axioms of American democracy is that we are a government of laws, not of men. We are supposed to follow the requirements of our Constitution and statutes even when they yield results we don't like—say, freeing a person who appears guilty. We are about to find out if Democrats in the U.S. Senate want to follow the rule of law or indulge their own preferences.

The dilemma arises because of Gov. Rod Blagojevich's decision to appoint a replacement, Roland Burris, for the seat left vacant by President-elect Barack Obama. I have no desire to be represented in Washington by Burris, but then, I have no desire to be represented in Springfield by Blagojevich. The truth, though, is that both were chosen by legitimate, democratic procedures, and until they are removed by legitimate, democratic procedures, we—and the Senate—have an obligation to put up with them.

Given Blagojevich's pending indictment and impeachment, it took a lot of gall for the governor to act. But the facts remain: He is the governor, and state law confers on him the unchecked authority (and, by implication, the responsibility) to fill a vacant Senate seat when the term has less than two years to run.

The General Assembly could have acted years ago to require special elections in such circumstances, or it could have acted last month. But it didn't. Which means Blagojevich has as much right to name a successor as he does to veto legislation, administer the budget and sleep in the governor's mansion.
-snip-

http://www.chicagotribune.com/news/columnists/chi-oped0104chapmanjan04,0,6983915.column

[Critters2]

1. This is exactly what I've been saying on DU for days now.

Except that "sleep in the governor's mansion" part. That never occurred to me, since Blago refuses to sleep in the governor's mansion.

[Doctor_J]

2. Chapman's a winger, or at least his columns show an

extreme fondness for Smirk. This is good news.

[Critters2]

5. Yeah. He's a winger, and I rarely agree with him.

But even a broken clock is right twice a day.

The law is the law.

[NashVegas]

3. He's Absolutely Correct

Washington Dems need to stand down from this course, just like they needed to stand down from their calls last spring for HC to drop out.

Because if they don't stand down, they risk exposing our charade that our government functions kind of sort of like a democracy and, as Chapman states, a nation of laws.

There's also this nugget:

The senators insist they may shut the door to Burris because the Constitution says, "Each house shall be the judge of the elections, returns and qualifications of its own members." But that doesn't mean the right to exclude anyone they wish. If it did, a Democratic Senate would be perfectly entitled to refuse to admit any Republican, and vice versa.

If the senate decides Burris, with a long record of public service is unqualified, imagine how it's going to look if Obama gets his wish and Kennedy - who's greatest contribution so far was writing the book on patriotism - goes in.

[AtomicKitten]

Fitzgerald has made it worse by requesting a 90-day extension for an indictment.

Still I believe the Democrats have done the right thing in preemptively rejecting whomever Blagoyevich appoints. The appearance of evil has a tendency to foment particularly in politics.

[nevergiveup]

4. Illinois Republicans

have been in a free fall since Governor Ryan was convicted. Blagojevich's appointment of Roland Burris is a gift from heaven for Republicans and they are chomping at the bit. Legally Burris will have to be seated.

[KharmaTrain]

6. Their Bench Is Real Weak...

They haven't won a statewide office since 2002, those that are known are considered goons and clowns and those who aren't will need to spend a ton of bucks to get some decent name recognition. That's why they had to airlift Alan Keyes in here to run against Obama in '04.

The only hope they have is neo-con Mark Kirk. He plays as if he's a moderate, but brown-nosed the boooosh regime when no one was looking. The GOOP hopes that there's a wide open election...that the Democrats split themselves and this is the only way they can win.

Chapman's usually an asshat, but in this case he's right...the law is the law. The legislature could have made changes in the past, and it wasn't that they didn't know this governor was a POS...a "non-binding" (no spine) referendum to allow for a recall passed overwhelmingly. Too bad politicians lack the spine to follow through here or to have stripped Blago of the ability to name a successor.

Legally Burris stands on solid ground...and the only thing Reid can do is not let him caucus or have lunch. I think Burris would be a safe vote for as long as he's there and better to have the vote than not. Yes, this is short-sighted, but in light of the massive amount of legislation that needs to be moved when President Obama takes office, every vote matters.

[wndycty]

8. I agree re: the GOP bench, furthermore the Illinois GOP is more splintered than the Democrats

:kick:

[nevergiveup]

9. I agree with your sentiments

totally. We need to move on and yes, Mark Kirk could be a problem.

[BlooInBloo]

7. Pfft. We're only a nation of laws when it's convenient. That's what I've learned from DUers.

[MasonJar]

10. What difference does it make who says it? The article is right; seat Burris.

It is the law.

[Tutonic]

11. Blagojevich is right--the Dems should have taken action. They

should have begun teh impeachment process. They stalled and he called their bluff. Now Burris should be seated. Also evidently Fitzgerald ain't got sqwat on anyone--so the Dems need to move on--schele a special election and allow Burris to be seated until that time.