The Unraveling of a State: Rule of Law vs Anarchy (part 1)

The holidays having "officially" passed, tis time to return to such mundane activities, as a spirit (or more corporal being) is want to do. And so, in order to assuage my rapid rotations, we return to the cesspool which is politics in Illinois.

By now, you are all well aware of Governor Blagojevich's tenuous hold on the Governorship of this State. And I assume you are also up to speed on who he has selected as the new "junior Senator", Mr. Roland Burris.

However, before we expound on all this, first a bit of "legalese":

Prevailing practice is for state governors to fill Senate vacancies by appointment, with the appointee serving until a special election has been held, at which time the appointment expires immediately. In the event a seat becomes vacant between the time of a general election and the expiration of the term, however, the appointee usually serves the balance of the term, until the next regularly scheduled general election. This practice originated with the constitutional provision that applied prior to the popular election of senators, under which governors were directed to make temporary appointments when state legislatures were in recess. It was intended to ensure continuity in a state’s Senate representation during the lengthy intervals between state legislative sessions.

Source: House and Senate Vacancies: How Are They Filled?

And

Procedures governing vacancies in the Senate were initially established by Article I, Section 3 of the Constitution, as later amended by paragraph 2 of the 17th Amendment.

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.

Source: "United States Constitution"

And finally this.

Sec. 25-8. When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.

Source: ARTICLE 25. RESIGNATIONS AND VACANCIES
(10 ILCS 5/25-8) (from Ch. 46, par. 25-8)

Now that little bit of housekeeping is settled, let us continue.

We have a State whose chief executive is sinking ever deeper into what appears to be a legal pit of no return. Destined for (barring a "rigged jury") a not so pleasant stay at the nearest Federal Penitentiary. Said Governor is also under increasing pressure from those within his political party, what is left of the states Republican party, the media (More so because of the scent of blood then for any noble calling ... their nay-saying to the contrary.), and the current heir-apparent(s) to the media (the internet denizens-fellow travelers all), to either resign and or face impeachment. Odds are resignation will not happen, but the impeachment process is another thing altogether. The groundwork is already being done, and it is only a matter of "when" and not "if" it will occur.

This being said, Blagojevich is STILL the residing Governor of the (once) Great State of Illinois. And as such, has the legal authority to select and or appoint anyone of his choosing to fill the vacant Senate seat. Like it or not, this is "what is". It is the law of the land and he is not outside of his authority in any way shape or form to do so.


It should be noted on the 9th of December, very shortly after Blagojevich was arrested on corruption charges, US Senate majority leader Harry Reid, in light of the Governors attempted "selling to the highest bidder" the vacated US Senate seat; "that Senate Democrats would not seat any appointment he made. Reid's warning was contained in a letter signed by all 50 sitting Democratic senators."

So using this authority, on the 30th of December, the Governor holds a press conference. Blagojevich does not (so it appears) pick one of the candidates who has been on the radar of the federal prosecutor. He picks,instead, Roland Burris.

Mr. Burris served as Comptroller of Illinois from 1979 to 1991 and as Attorney General of Illinois from 1991 to 1995. Though his politics sharply differ from mine, there is nothing at this point precluding him from being selected for the vacant Senate seat. At least as far as criminal charges go. And that is all this or any other Governor need worry about ... or so it would seem ...

The governor's announcement came less than an hour after U.S. Senate Democratic leadership issued a statement saying the Senate will not seat anyone Blagojevich chooses to fill Illinois' vacant Senate post.

... "This is not about Mr. Burris; it is about the integrity of a governor accused of attempting to sell this United States Senate seat," the statement read. "Anyone appointed by Gov. Blagojevich cannot be an effective representative of the people of Illinois and, as we have said, will not be seated by the Democratic Caucus."

The decision was made during a 10-minute conference call that included Reid, Durbin and Sen. Robert Menendez (D-N.J.), as well as representatives of Sen. Chuck Schumer (D-N.Y.). There was little discussion and no dissent in reaching the position, a Senate aide said.

Source: chicagobreakingnews.com

This last bit brings us to an even bigger den of thieves, lairs, scoundrels, and ne're-do-wells, residing in that most corruptible of cesspools, this side of the United Nations, the United States Senate.

As stated above, we have according to Constitutional and Illinois statutes a legally selected and appointed Senator. Yet those infected with the most vile strain of Hubris ever to be seen since the fall of the Roman Empire, would not have the common courtesy of reviewing the mans "bona fides", then let him assume his rightfully appointed position.

We are either a nation which abides by "rule of law" or we are not. We are either a nation which affords equal protection, representation, adherence, of existing law and status, regardless of ones "station" or status, or we are not.

Burris deserves to be seated. He came to his present status by right and proper means, regardless who may have set the process in motion. To do less does nothing more then further unravel this Republics constitutional fabric. For if the highest legislative body of the land would willfully ignore "rule of law" in order to satisfy some manner of political posturing or one upmanship, only draws us closer to every man feeling they are rightfully entitled to become "a law unto themselves". And Anarchy, the idealistic bastard cousin to Communism, is not where in my most harrowing of nightmares, I would ever wish this great nation to fall pray to.