Insert "hoist petard" line here viś a viś Democratic Party and their long term running feud with the entire idea of a constitution.
Burris arrives at Senate, seeks to take seat - Yahoo! News
Burris dismissed the Senate Democratic leadership's position that he cannot be seated because he was appointed by a governor accused in a criminal complaint of trying to benefit financially from his authority to fill the seat that Obama vacated after winning the presidential election.
Burriss said his belief is that his appointment is constitutional and that "I have no knowledge of where a secretary of state has veto power over a governor carrying out his constitutional duties.
Burris is of course entirely correct. Neither the U.S. Constitution nor the Illinois Constitution allow for the Secretary of State or anyone else to veto the governor's constitutionally mandated power to appoint a successor to their state's departing senator.
Nevertheless,
Senate Majority Leader Harry Reid, D-Nev., said Monday that Burris would not be permitted to take his seat because Burris "has not been certified by the state of Illinois," a reference to incomplete paperwork that only touches on the dispute. Senate Democrats maintain that Burris' appointment is tainted because of the charges against Blagojevich.
While Blagojevich has signed formal appointment papers, Jesse White, the Illinois secretary of state, has not, and Senate rules require that signature. Burris, in turn, has gone to court hoping to win an order for White to sign the necessary paperwork, and he has also threatened to sue to take his seat in the Senate.
And so we see another example of the crux of civilization, democracy, rule of law, and other such things that we say we like: they rely entirely on people following the rules of the structure. There is no legal right for the Secretary of State of the State of Illinois to withhold his or her signature from the appointment paperwork. The signature is only to certify that the Governor of the State of Illinois made the appointment. It is not up the the Secretary of State of the State of Illinois to approve of the appointment or disapprove.
Yes, I am enjoying an inordinate amount of mirth and glee over this entire thing.
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