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Posted on 12/30/2008 9:25:49 AM PST by ConservativeMind
Edited on 12/30/2008 1:38:29 PM PST by Admin Moderator. [history]
Right, in my opinion, it is either Burris or no one.
The Illinois General Assembly has the power to pass legislation stripping the Governor of his appointment power and arrange a special election instead (of course the Governor would have to sign such a bill, but Blago had indicated that he WOULD have supported such a special election).
The Illinois General Assembly HAD that power, now it is too late. Once Obama resigned from the Senate, any law passed would have been unconstitutional. Now if the Senate refuses to seat Burris, Illinois will not have a Senator until 2011.
***
I agree - except that I think he will be seated.
MAJOR constitutional questions here - if the Illinois General Assembly passes a retroactive law, or if the U.S Senate refuses to seat Burris ...
Illinois Constitution, Section 16: Ex Post Facto Laws And Impairing Contracts:
“No ex post facto law, or law impairing the obligation of
contracts or making an irrevocable grant of special
privileges or immunities, shall be passed.”
Powell v. McCormack, 395 U. S. 486 (1969):
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
“In November, 1966, petitioner Adam Clayton Powell, Jr., was duly elected from the 18th Congressional District of New York to serve in the United States House of Representatives for the 90th Congress. However, pursuant to a House resolution, he was not permitted to take his seat. Powell (and some of the voters of his district) then filed suit in Federal District Court, claiming that the House could exclude him only if it found he failed to meet the standing requirements of age, citizenship, and residence contained in Art. I, § 2, of the Constitution — requirements the House specifically found Powell met — and thus had excluded him unconstitutionally. The District Court dismissed petitioners’ complaint “for want of jurisdiction of the subject matter.” A panel of the Court of Appeals affirmed the dismissal, although on somewhat different grounds, each judge filing a separate opinion. We have determined that it was error to dismiss the complaint, and that petitioner Powell is entitled to a declaratory judgment that he was unlawfully excluded from the 90th Congress.”
If Burris is denied by the U.S. Senate, I believe that he may find relief at SCOTUS. He would probably cite the Powell decision and (possibly) 14th Amendment violations (due process and equal protection), since he has not committed any infraction and that the appointment was made by a sitting governor who was not convicted of anything at the time of the appointment.
“Post #106 said it perfectly, if the Senate rejects Burris, Blago should select Oprah to fill the seat next, and then Mayor Richie Daley of Chicago, and then Michelle Obama... just keep going down the list of every icon of the Chicago Dem machine and start naming them one by one and watch the Dems eat their own.
You can’t pay for entertainment this good. The Illinois Legislature and the U.S. Senate have really screwed themselves by allowing RAT corruption to fester in Chicago so long.”
I agree. Couldn’t ask for better entertainment....who knew the election of Obama would shine such a spotlight on what we have been living thru here? Pass the popcorn....
Nothing trumps the race card. I admire this guy.
The Black Caucus will be calling for Harry's Head if he stops him.
If He gets his appointment, it shows they don't give a damn about the indictment or bribes.
Fitz holding up the impeachment.... this is priceless.
The funniest part is the MSM reporters are getting so upset! They want this guy to shut up and go away before the coronation.
Nothing new here. Nothing new at all.
Obama tells Blago to resign, raising the bet.
Blago shows no fear, clearly not bluffing, sees the bet and then raises it by double. He takes his hit, and gets the ace of spades.
Obama then sees that bet and antes up. But I bet Obama is crapping in his pants, bluffing, unlike Blago.
Blagojevich cannot appoint anyone to replace Emanuel, because Emanuel was serving in the House at the time Obama appointed him White House Chief of Staff. Vacancies in the House can be filled only by special elections.
LMAO good one
I agree with your comment. go Blago! give them an enema!
Yes, you would think this would be ex post facto. Of course, rules, constitutions, laws don’t mean anything to Dems.
| Color | Blue |
| Food | Fruit & Vegetables |
| Quote | “Only the best is good enough.” |
| Time of Year | Spring |
| Vacation Spot | Africa
|
WGN(TV) reported this morning that Burris
“donated” 20 grand to Blago and his “consulting firm” recieved hundeds of thousands of dollars in state contracts.
So now we know...but the unanswered question STILL is:”What does potty-mouth Patty get out of all of this??”
Blago totally flipped the bird to the democracks, Obama, etc.
It is as if he was saying, “How bout’ taste of this, bastards?”
Dems in the senate are beside themselves:
“Do we go along with this? I mean he is black. But we can’t, he’s tied to Blago. If we delay this we’ll be down a senate seat. And if we delay, we’ll be called racists. Shit, we’re screwed. But if we keep him, he’ll be vulnerable in the next election and we could lose a dem senate seat.”
“Smart move.”
Gov. B has an impressive capacity to create mischief. I’ll bet he was a holy terror as a kid and spoiled rotten. From what I have heard however, Burris may be the only untainted choice with any visibility able to be chosen. It will be fun to see how the Senate worms out of this one.
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