Illinois Secretary of State, Jesse White
As a sitting governor of Illinois, that has not been convicted of any crimes, Gov. Blagojevich have the right and responsibility to appointment a senator until the 2010 election. With the power vested in him as a governor of the state, Gov. Blagojevich did the right thing by making the appointment. Illinois would have faced an intolerable situation when Congress convenes in January with only one senator.
Burris appointment as Obama’s replacement was instantly rejected by the Illinois Secretary of State, Jesse White, an African-American who said he would refuse to certify Burris’ selection, and by Senate Majority Leader Harry Reid who said Burris would not be allowed to be seated.
With all due respect to the defiant Secretary of State White, he is either ignorance of Illinois’ law or just plain dumb. It is the obligated of the Secretary of State to certify the Governor’s appointment. His duty to certify the Governor’s appointment is a required duty of his position.
Illinois law (15 Ill. Comp. Stat. 305/5) states:
It SHALL be the duty of the Secretary of State:
To make a register of all appointments by the Governor, specifying the person appointed, the office conferred, the date of the appointment, the date when bond or oath is taken and the date filed. If Senate confirmation is required, the date of the confirmation shall be included in the register.
In a Chicago Tribune editorial, Senate Majority Leader Harry Reid warned Blagojevich, "Don’t you dare." .jpg)
Senate Majority Leader Harry Reid
"Please understand that should you decide to ignore the request of the Senate Democratic Caucus and make an appointment we would be forced to exercise our Constitutional authority under Article I, Section 5, to determine whether such a person should be seated," Reid wrote to Blagojevich on Dec. 10.
Reid may not only be a hypocrite, but may be overstepping his authority. Senate Majority Leader Harry Reid recently threw his support behind Caroline Kennedy knowing very well there are other more qualify candidates . Reid told Nevada political analyst Jon Ralston on Tuesday that he personally called New York Governor Paterson, urging him to appoint Kennedy to the seat. Another example of his overstepping.
Yes, the Senate is the judge of its members’ qualifications, however Reed needs to review the Powell v. McCormack case. In the 1969 case Powell v. McCormack, the Supreme Court ruled that Congress is limited to determining whether a person meets the constitutional requirements for membership—30 years old, nine years a citizen, and a resident of his state—or was legitimately elected or in some cases, appointed. Saying that Burris lacks the necessary ‘qualifications’ simply because the appointing governor is believed to be corrupt or untrustworthy or deserving of removal seems to be foreclosed by the “Powell v. McCormack" case.
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