It would be unconstitutional for the Senate to seat Burris

[Freddie Stubbs]

The 17th Amendment of The Constitution states:

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.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

http://www.usconstitution.net/const.html#Am17

Illinois law does permit the Governor to make appointments, but it also requires such appointments to be certified by the IL Secretary of State. So far, IL SoS Jesse White has refused to do so.

Burris' only recourse is to take White to court and have a judge force his to do his job, as required by IL law. Until then, it is out of the Senate's hands.

[rvablue]

1. Thanks Freddie for a the FACT update......we need more of it when it comes to this issue. n/t

[Bluzmann57]

2. Thanks for that

But what about Franken? How does this affect his delayed seating? He was declared the winner by the State of Minnesota so shouldn't he be sworn in and seated?

[WeDidIt]

3. It would be unconstitutional to seat Franken, too

Until Pawlenty signs off on his certification, Franken cannot eb seated.

[bdamomma]

8. so what is holding up Pawlenty, Franken won fair and square.

[WeDidIt]

12. He cannot sign it under the law

until all lawsuits have been sorted out, Pawlenty cannot sign.

[bdamomma]

14. so this falls on Coleman again, and to realize he has lost.

wasn't the process of counting ballots legit? so the man Coleman should step down.

[WeDidIt]

16. HE has a legal right to contest the election

and six more days to file his lawsuit.

[frazzled]

4. It's time for our state legislature to direct an election for the seat

I don't give a good god damn if it risks having a Republican potentially win. At least it will reflect the people's will.

I suggest: seat Burris if Jesse White is forced by the Illinois Supreme Court to sign the certification. But schedule primaries for this April, and the election for June. That is enough time for a fairly legitimate contest, and Burris only has to serve for a few months. He can get his wish to have "senator" on his tombstone, and the rest of us won't have to put up with him.

[Blarch]

5. White needs to be tossed on the street.

He is failing to do his job. He HAS to sign it.

[Seen the light]

7. Why? nt

[Blarch]

9. By law, he has to sign the certificate.

He is refusing to do his job.

[WeDidIt]

11. Until the ILSC rules he has to sign it, he doesn't have to sign anything

White will argue that the certification by the SOS is a check on the appointment power of the governor.

[Blarch]

17. "a check on the appointment" ????

You are claiming the SOS has veto power. :rofl: Thats a hoot.

[WeDidIt]

19. The statute is vague enough that this is what will be argued

before the IL Supreme Court.

It's up to them to decide, not you.

[WeDidIt]

10. No he doesn't "have to sign it"

Attorneys for White will argue that the statute enabling an appointment places the Secretary of State certification as a check on the appointment of the governor to provide for cases where corruption is involved such as the current situation.

So unless the ILSC rules in favor of Burris, no White doesn't have to sign it.

[wndycty]

13. Here is the rub, it was reported that Blagojevich has a number of generic certificates. . .

. . .with Jesse White's signature on them that he can use at anytime for any reason. He chose not to use one.

[WeDidIt]

15. Link please

No way Blago has that.

None whatsoever.

[wndycty]

18. Yes he does, but since you don't believe me without a link I will attempt to find

:kick:

[wndycty]

20. Still working on the link (I messaged a reporter friend who will help) but it appears. . .

. . .that an auto pen or some other tactic could be used to secure White's signature without him actually signing it. I will continue to look for a direct link, but I will give you this.

-snip-
Burris in the meantime gets the privileges of an unsworn senator-elect, which does not come with a pay check, these officials said. The hope is that Blagojevich will be tossed from office and a new governor will have appointed someone else to the seat. Burris' appointment then would be moot, these officials said.

The second scenario: Burris shows up with a certificate signed by Blagojevich and either no signature by White or one done by auto pen or other questionable means. In that case, Gainer and the Capitol Police would steer Burris to Erickson, who would not be able to confirm that White signed the document. Burris then would be turned away from the chamber, these officials said.
-snip-

http://www.google.com/hostednews/ap/article/ALeqM5gUvQkRopntRBnfYyaz06sD89bwnQD95F8NBO0

[Hippo_Tron]

22. Which is why we have courts for that sort of thing

IMO the court will probably say that he has to sign it. But for the time being, the OP is correct.

[bdamomma]

6. thanks for the information.

so the SOS White has some concerns about this appointment, when will we find out.

[Freddie Stubbs]

21. He has already stated that he will not certify anyone appointed by Blago

[Hippo_Tron]

23. The courts will probably say that he doesn't have the power not to sign it

But for the time being you are correct that he cannot be seated.

[tritsofme]

24. Not really. The Senate could seat either Franken or Burris if it wished

either on a full or some sort of provisional membership.

The Senate can do pretty much what it likes with regard to its own membership.