6
   

The Burris Appointment

 
 
Reply Wed 31 Dec, 2008 06:43 pm
Burris asks Illinois Supreme Court to confirm his nomination

Quote:
Roland Burris, the man embattled Illinois Gov. Rod Blagojevich has appointed to fill President-elect Barack Obama's seat in the U.S. Senate, is asking the state's Supreme Court to confirm that nomination.

Roland Burris said Illinois Gov. Rod Blagojevich is innocent until proved guilty.

The move comes after Illinois Secretary of State Jesse White, a Democrat along with Blagojevich and Burris, refused to sign off on the appointment, which was announced Tuesday....


Illinois statutory law, 10 ILCS 5/25-8, provides:

Quote:


The GOVERNOR is statutorily mandated to (i.e., the Governor "SHALL") make a temporary appointment. I cannot find any statutory requirement wherein the secretary of state is required to "sign off on the appointment." Even if the secretary of state was so required by law, I doubt that the duty is a discretionary one. The law does not vest the secretary of state with discretionary power to veto the Governor's temporary appointment.

What do you think?

  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Discussion • Score: 6 • Views: 2,438 • Replies: 9
No top replies

 
Debra Law
 
  1  
Reply Wed 31 Dec, 2008 07:22 pm
EXECUTIVE OFFICERS
(15 ILCS 305/) Secretary of State Act.

Sec. 5. It shall be the duty of the Secretary of State:

2. 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.
ossobuco
 
  1  
Reply Wed 31 Dec, 2008 07:27 pm
@Debra Law,
I'm not an attorney, much less one with a clue of issues at this level.

I could make some emotional comments but won't. I'll be paying attention to developments.
0 Replies
 
ehBeth
 
  1  
Reply Wed 31 Dec, 2008 07:38 pm
@Debra Law,
Debra Law wrote:
What do you think?


Seems kinda stupid of Burris to me.
0 Replies
 
JPB
 
  2  
Reply Wed 31 Dec, 2008 07:40 pm
@Debra Law,
From what I'm hearing locally, Jesse's lack of participation is tantamount to refusal to perform the duties of his job, not an act that will prevent the seating of Burris.

Burris indicates that he plans on traveling to Washington to be sworn in and will not make a federal case out of it (heh, sorry) if he is turned away.

It's a Very Interesting Choice by blago. It plays numerous cards (race, obama, dem) all at once. I'm not at all convinced that he came up with this one all by himself.
Merry Andrew
 
  1  
Reply Wed 31 Dec, 2008 09:23 pm
@Debra Law,
No idea what Burris is trying to accomplish. If I read the appropriate legislation which you posted, Deb, correctly, then the Sec'y of State's responsibility in this matter is no more than clerical.
0 Replies
 
Debra Law
 
  1  
Reply Wed 31 Dec, 2008 10:15 pm
Here is Burris's Complaint for Mandamus:
http://www.chicagotribune.com/media/acrobat/2008-12/44301757.pdf

Burris is relying on 15 ILCS 305/5-1:

Sec. 5. It shall be the duty of the Secretary of State:
1. To countersign and affix the seal of state to all commissions required by law to be issued by the Governor.

I did not believe this subsection applied because I did not equate a "commission" with an appointment to fill a vacant U.S. Senate seat. But again, the duty is mandatory, not discretionary. Thus, I believe the Court will issue a writ of mandamus directing the Secretary of State to comply with his duty.
0 Replies
 
ossobuco
 
  1  
Reply Wed 31 Dec, 2008 10:34 pm
@JPB,
That makes sense, JPB: nods.
0 Replies
 
roger
 
  1  
Reply Wed 31 Dec, 2008 11:50 pm
@JPB,
Strikes me as kind of odd. If the Secretary of State is required to approve without judgement, it's kind of pointless.
0 Replies
 
Finn dAbuzz
 
  1  
Reply Thu 1 Jan, 2009 01:30 am
@Debra Law,
It doesn't matter how his image has been damaged or that he has been charged with crimes.

As long as he is the Gov of Illinois, he has the authority to name a replacement for Obama.

If the Ilinois Dems want to short-stop Blago-Gate then good for them. I would if I were them but the Law doesn't make it so easy for them to do so.

Special Election -- Why not?

It would resolve all of this seedy shite, but it might result in a Repub Senator.

So the powers that be - DEMOCRATS - are not about take such a chance.

So they desperately try to send Blago t0 the rubble so that they can have a far more party attuned replacement step in.

It is filthy politics no matter what you are inclinded to embrace.

Know this - It is all personal fortune befoe the fortune of the nation.

Conservative are just a little bit better than Liberals
0 Replies
 
 

Related Topics

Obama '08? - Discussion by sozobe
Let's get rid of the Electoral College - Discussion by Robert Gentel
McCain's VP: - Discussion by Cycloptichorn
Food Stamp Turkeys - Discussion by H2O MAN
The 2008 Democrat Convention - Discussion by Lash
McCain is blowing his election chances. - Discussion by McGentrix
Snowdon is a dummy - Discussion by cicerone imposter
TEA PARTY TO AMERICA: NOW WHAT?! - Discussion by farmerman
 
  1. Forums
  2. » The Burris Appointment
Copyright © 2024 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 05/18/2024 at 05:31:26