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'I am the junior senator, according to every law book in the nation'
National Post ^ | 1/5/09 | Sheldon Alberts

Posted on 01/05/2009 4:12:27 PM PST by Jean S

Sheldon Alberts on Roland Burris: 'I am the junior senator, according to every law book in the nation'So, let's review the file on Roland Burris, the fellow Illinois Gov. Rod Blagojevich appointed last week to replace Barack Obama as the next junior senator from Illinois. He has not held an elected office since 1995. He failed in three bids to become the Democratic gubernatorial candidate in Illinois, and once failed to become mayor of Chicago. Now, he has been appointed to the Senate by a no-shame governor facing corruption charges and allegations he hoped to sell the very Senate seat Burris now hopes to occupy.
 
As qualifications for the U.S. Senate, there's a pretty good case that says Burris is far from the best choice to represent the interests of voters in Illinois. But in the face of Democratic opposition to his appointment, Burris suggested Monday he is fully entitled to be seated - and shame on anyone who dares question the legitimacy of his appointment. Today, he left Chicago and plans to appear Tuesday on Capitol Hill to be seated in the Senate, a plan Democratic leaders plan to thwart.

(Excerpt) Read more at network.nationalpost.com ...


TOPICS: Editorial; News/Current Events; Politics/Elections; US: Illinois
KEYWORDS: 111th; blago; blagojevich; burris; congress; electionussenate; il2008; magicman

1 posted on 01/05/2009 4:12:30 PM PST by Jean S
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To: Jean S
BURRIS: Well, I am -- I am the magic man.
2 posted on 01/05/2009 4:15:22 PM PST by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Izzy Dunne
He is an arrogant ass, from the end of the interview:

QUESTION: Is it serving your own ego at all to take this spot?
BURRIS: I don't need (OFF-MIKE) respond to that.

3 posted on 01/05/2009 4:18:06 PM PST by Jean S
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To: Jean S

King Harry don’t need no stinkin lawbooks. He is the King of the Senate. How dare a black defy the King.


4 posted on 01/05/2009 4:18:07 PM PST by screaminsunshine (.)
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To: Jean S
He has not held an elected office since 1995.He failed in three bids to become the Democratic gubernatorial candidate in Illinois, and once failed to become mayor of Chicago. Now, he has been appointed to the Senate by a no-shame governor facing corruption charges and allegations he hoped to sell the very Senate seat Burris now hopes to occupy.

This is all totally irrelevant. He should be seated.

5 posted on 01/05/2009 4:19:30 PM PST by Ron Jeremy (sonic)
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To: Jean S

The problem is that he will vote with the democrats on every bill so who gives a rip if he’s there or not? Whats the big deal anymore?


6 posted on 01/05/2009 4:22:22 PM PST by Doug TX
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To: Ron Jeremy
This is all totally irrelevant. He should be seated.

You are so right, he's played the corrupt Chicago political game for all these years, he should be rewarded.

7 posted on 01/05/2009 4:22:39 PM PST by Jean S
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To: Jean S; Izzy Dunne

For tomorrow:

Hold morning public prayer session in historical D.C. black church. Sock it to em from the pulpit.

Hold breakfast meeting with NAACP, CBC, etc.

Lead march to Capitol Hill with full panoply in tow, whilst going through the full eyes-on-the-prize songbook.

Make fiery speech on Capitol steps. Then link arms with fellow black poohbahs and make for the Senate entrance—chanting: “No justice, no peace!”


8 posted on 01/05/2009 4:23:04 PM PST by sinanju
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To: Jean S
FR is on it. My legal analysis of why Burris can and should be denied has been up on FR for almost a week. First link below.

Congressman Billybob

Latest article, "The Non-Constitutional Crisis from Illinois"

The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.

9 posted on 01/05/2009 4:31:14 PM PST by Congressman Billybob (Latest book: www.AmericasOwnersManual.com)
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To: sinanju

I’m off tomorrow. I’ll make sure to use healthy fat-free butter for my popcorn as I watch the festivities. This oughta be good.


10 posted on 01/05/2009 4:32:25 PM PST by flair2000
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To: Jean S

Horse Poo

11 posted on 01/05/2009 4:34:15 PM PST by GRRRRR (He'll NEVER be my President!)
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To: Jean S

Mr. Burris should be seated.

Under Powell v. Mccormack, Mr. Burris satisfies all the conditions required to be a US Senator ie. age, residency and citizenship.

Also, Gov. Blagojevich was properly exercising his executive authority under th 17th Amendment in appointing Mr. Burris.

Let us remember that Gov. Blagojevich has not been convicted nor as he even been impeached.

The only thing that Reid and the Dem leadership can do is to win, by a 2/3rd margin, a vote to exclude Mr. Burris.

This no doubt will go to the US Supreme Court.


12 posted on 01/05/2009 4:39:22 PM PST by PanzerKardinal
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To: Congressman Billybob

It’s not the legality that bothers me, it’s the in-your-face attitude from Blago and Burris that scares me.


13 posted on 01/05/2009 4:46:12 PM PST by Jean S
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Comment #14 Removed by Moderator

To: Jean S

“Congressman Bob” fails to understand that there is a difference between explusion and exclusion.

What is being attempted here is exclusion.

Congress may only exclude someone by majority vote, but only the basis of age, residency, residency and whether the person is duly elected. (Article 1 Section 3 Clause 3 and Article 1 Section 2 Clause 2.)

The Supreme Court in Powell v. Mccormack clearly stated,

“Our examination of the relevant historical materials leads us to the conclusion that petitioners are correct, and that the Constitution leaves the House without authority to exclude any person, duly elected by his constituents, who meets all the requirements for membership expressly prescribed in the Constitution”

395 US at 522.

For those interested in this issue I’d highly recommend Congressional Research Services Report for Congress 93-875 “Exclusion and Censure Orders Taken by the Full Senate Against Members”

http://fas.org/sgp/crs/misc/93-875.pdf


15 posted on 01/05/2009 5:15:17 PM PST by PanzerKardinal
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Comment #16 Removed by Moderator

To: Jean S
...there's a pretty good case that says Burris is far from the best choice to represent the interests of voters in Illinois.

Oh, I dunno. He seems to be an arrogant self serving weasel with delusions of grandeur.

I'd say he's perfect to represent the majority of his constituents.
17 posted on 01/05/2009 5:44:56 PM PST by Dr.Zoidberg
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To: Jean S

Legally, yes, I believe he is correct but IANL. Whether or not he is a proper choice is a whole different kettle of fish. Since all hope is lost anyway, I’d love for him to be there poking Harry in the eye a few times. Burris must stand for re-election in 2010 according to the Illinois Statutes. The Ballot Box Revolution of 2010 will clean out them all.


18 posted on 01/05/2009 5:49:39 PM PST by NonValueAdded (once you get to really know people, there are always better reasons than [race] for despising them.)
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To: Brutus509

Problem with explusion is that it has to be for cause.

You can’t just say, “We don’t like you now get out.”

They’ve got to have a reason and an articulable reason at that.

I don’t think they can drag it out as long as they did Powell because Powell was initially expelled and then excluded.

At the very least there is the issue that the people of Illinois will not have representation along with equity issues.

Since this certainly is an Article 3 federal question, the Supreme Court will have subject matter jurisdiction.

I suspect the Writ of certiorari is already written by the Burris team.


19 posted on 01/06/2009 1:34:57 AM PST by PanzerKardinal
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Comment #20 Removed by Moderator

To: Brutus509

The longer they drag out this three ring circus, the better. It will provide good entertainment. All that the Republicans need to do is to make sure that all this stays in the news but doesn’t distract us from the real issues.

By the way, did you hear that fast Eddie Rendell is also under investigation for ties to the same guy as Richardson? Now, there’s a Democrat scandal that should be front pages. Was Rendell still head of the Democrat Party in 2004, when this pay for play scam took place?


21 posted on 01/06/2009 9:43:12 AM PST by Eva (CHANGE- the post modern euphemism for Marxist revolution.)
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To: Jean S

So according to Reid Burris isn’t eligible because he’s been certified by the governor but not the Illinois secretary of state. But Al Franken, who has been certified by the Minnesota secretary of state but not the governor, is? I must be missing something here.


22 posted on 01/06/2009 9:46:49 AM PST by Non-Sequitur
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To: Jean S
He is an arrogant ass, from the end of the interview...

Kick out all the arrogant asses and you would depopulate the senate.

23 posted on 01/06/2009 9:48:20 AM PST by Non-Sequitur
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Comment #24 Removed by Moderator

Comment #25 Removed by Moderator

To: Brutus509; PanzerKardinal
Reid’s best constitutional bet is to seat Burris and then immediately expel him, if he can get a 2/3 vote.

Reid would never get the 2/3rds vote. And only a member can be expelled; Burris hasn't taken the oath so he isn't a member. Reid's only alternative is to do what he's doing, excluding Burris from the senate because since the Illinois Secretary of State didn't sign off on him then he was not 'duly elected'. He can keep this farce up until a court rules that Burris was.

26 posted on 01/06/2009 10:03:41 AM PST by Non-Sequitur
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To: PanzerKardinal
The only thing that Reid and the Dem leadership can do is to win, by a 2/3rd margin, a vote to exclude Mr. Burris.

If such a vote were called, the Republicans would do well to vote "Present".

27 posted on 01/06/2009 10:07:02 AM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: Brutus509

Rendell took over in 2000, I think. This pay to play investigation has been going on for some time, I think. It could have started after the betrayal of the Clintons, but I don’t think so.


28 posted on 01/06/2009 10:08:40 AM PST by Eva (CHANGE- the post modern euphemism for Marxist revolution.)
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To: Brutus509
But, as Burris’s lawyer pointed out this morning, as long as a governor does it properly in an appointment, all is well and you don’t need the SoS. He even cited Marbury v. Madison!

I think that the Secretary of State has to certify elections but I'm not aware of anything in the Illinois law or the Illinois Constitution that says he needs to certify appointments by the governor. White's position may be just be a ploy to get the matter into court and delay it until Blagojevich is removed from office.

29 posted on 01/06/2009 10:09:32 AM PST by Non-Sequitur
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Comment #31 Removed by Moderator

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