Illinois Supreme Court Rejects Burris On Senate Signature

CHICAGO — U.S. Sen. Dick Durbin said Friday that Roland Burris should not be seated in the U.S. Senate because he has failed to get the secretary of state's signature on his appointment to replace President-elect Barack Obama in the chamber.

"There has never in the history of the Senate been a waiver of the requirement that the secretary of state's signature be part of the appointment process _ never," Durbin, the Senate's second-ranking Democrat, told a news conference.

Durbin's statements came hours after the Illinois Supreme Court ruled that no law requires Secretary of State Jesse White to sign the appointment, made by Gov. Rod Blagojevich, to make it official.

White has steadfastly refused to sign because federal corruption charges against Blagojevich include allegations he tried to sell or trade the seat for personal or political favors. Blagojevich was impeached Friday.

The comments from Durbin, the Senate's No. 2 Democrat, seemed to douse Burris' hopes of being seated anytime soon.

Durbin said Obama's former U.S. Senate seat should not be filled until after the Illinois Senate completes its impeachment trial of Blagojevich, which could take weeks.

Blagojevich named Burris to fill the vacant seat after his Dec. 9 arrest on federal fraud and bribery charges and because of the taint the appointment has been contested ever since. Democratic leaders, however, recently had seemed to be softening to the idea of swearing-in Burris as a member of the Senate.

Durbin acknowledged the state's high court had found there was no reason why the lack of White's signature should stop the appointment.

"That is of course the Illinois Court's right and responsibility to reach that conclusion," Durbin said. "However, there is more to the story. It isn't just a question of whether Illinois law is met. It isn't a question of whether the Illinois Constitution has been served but whether the actions taken are sufficient for the person to be appointed to fill the vacancy under the rules of the United States Senate where I serve."

Durbin noted that if Blagojevich is convicted at his state Senate impeachment trial, he will no longer be the governor and Lt. Gov. Pat Quinn will take over.

"I think it's best to suspend activities in the filling of that vacancy until that impeachment trial in the Illinois Senate is concluded," Durbin said. He said Quinn could "then have the authority to make this appointment in a clean, legal way and make his recommendation and his appointment known to the United States Senate."

White on Friday signed a document requested by Blagojevich's office that acknowledges a copy of the letter appointing Burris to the U.S. Senate is on file with the state. But White still refuses to co-sign Burris' appointment paperwork with Blagojevich.

Comments

[readmewell22]

SEAT THE MAN, AND GET ON WITH FIXING THE BREAK IN THE ECONOMY!!! THIS IS TRITE COMPARED TO WHAT IS TRULY IMPORTANT!!!

[nomobull]

how many burris defenders live in illinios or are just trying to argue. i don't understand all the legal stuff but i don't understand anyone fighting to go somewhere they are wanted,even JESUS shook the dust off his feet from places he wasn't wanted.

[AsISaid]

Maybe there are those people who just don't roll over when they're told to by others. If that were the case, how many Americans would be riding in the back of the bus?

[Promise]

I once belonged to a spa with a sauna. At one time a woman was there, spending vast amounts of time, sweating..­..much more than is normally considered to be safe. She told me that she was in S's detox program, which involved many hours in the sauna. I don't know if it was effective or not. Personally I think that sweating and detox are probably good for a person, if conducted safely. What I am objecting to is the statement given that the detox program is purely "spiritual" not at all physical. It was clearly a physical program...­.mmm. makes me wonder how truthful these people are.

[AsISaid]

What the he.ll are you talking about?

[DonKrieger]

Here is the Illinois Supreme Court Opinion in our convenient format (not PDF):
http://publicservice.evendon.com/SCIl_Burris_v_WhiteM.htm

Don
http://publicservice.evendon.com

Loading is very fast.
Everything on our site is free and permanent.
Each page includes a highlighted link which you can copy/paste
for easy online citation.

[carnelld]

DonKreiger:

Thank You.

[carnelld]

The folowing is an excerpt from an article in the Chicago Sun Times:


"But the state's high court held that White was under no statutory or constitutional burden to do that for Blagojevich's controversial U.S. Senate appointee.

"The secretary of state had no duty to sign and seal the certificate of appointment issued by the governor in this case," Justice Lloyd Karmeier wrote in the court's opinion.

The fact that White filed in his office Blagojevich's letter announcing Burris' appointment means "No further action is required by the Secretary of State or any other official to make the Governor's appointment of Roland Burris to the United States Senate valid under Illinois law," the opinion said.

However, if additional proof is needed in Washington, the justices suggested that Burris simply go to White's office and get a certified copy of Blagojevich's appointment letter -- something a representative from the governor already did today. That certification document, which costs $2, would accompany the governor's signed letter and contain a stamp with White's signature and the state seal."

[Dupree]

I am really upset to see how so many are willing to persecute not only Burris but Blagojevich as well. He too, according to the Constitution is allowed his day in court before his peers. He too, is innocent until proven guilty. But again America is on very unstable grounds...­for it appears ...if the rules of law and engagement interferes with political agendas...­it is simply ignored and done away with...unf­ortunately­...with most Americans approval and permission­...until it happens to them.

[Rustyzipper]

Flash, Just in...

Following a decision by the Illinois Supreme Court, Jesse White, the Illinois secretary of state, has certified Roland Burris' appointment to the Senate, removing a major roadblock blocking Burris' ascension to the body.

According to his office, White has signed a certificate saying that Roland Burris' appointment document is "true and accurate."

[nomobull]

where did you get this

[nomobull]

LINK PLEASE

[Ozarks]

Not true, White, as directed by ILL SC, signed a copy for the $2 paid by Burris. His signature is still absent on the original required by the US Senate. And White still refuses to sign the original. As for the "form" argument , it is meaningless to suggest that that the US Senate "recommending" a certain form be presented to them with the SoS signature on that form meets the requirements of the Senate, A Form recommendation is not the reason they are denying Burris entrance to Senate.

[carnelld]

Politics is a contact sport. Burress will undoubtedly file in the Federal courts to attain the Senate seat.
The appointment has been validated by the Illinois Supreme Court. Reid, Durbin, White, Obama, the Illinois democratic leadership have all decided to impose their will on this partcular appoinment. Everone is dug in for a fight. The rule of law will ultimately prevail in this case. In the meantime , the Democratic party is alieanating many loyal Democrats, who are reconsidering their support for the Democratic party. The Democrats have also opened the door for Republicans and some Democrats
not to enthusiastically support the Democratic agenda in the Congress. You are beginning to see the fracture of Obama's support. Once people see that you are noy operating based on the rule of law, but calculated machine political corruption, you lose some respect. The Supreme Court will order the Senate to seat Mr Burress.

[Dupree]

To carnelld:

I agree with everything you said. The rule of law seems to mean very little to a lot of elected officials and that should scare us to death. I use to ascribe this "unethical trait" of skirting the laws to the republican­s...but NOW I see they were not alone in this "committee" to overlook the law if it served one's agenda. We, as democrats can no longer berate republicans for this lack of respect for the laws of the land for it seems that this "disease" has also spread among the democrats. I am appalled at how the law is so easily manipulated and skirted around by those who were wagging their finger at the likes of Bush and Rove....th­ey perhaps was secretly admiring them for their bold disregard for the laws that got in their way. I will have to correct you on one thing for the last time I checked ...Obama insisted that if Burris is seated ..he is a fine man and that he looks forward to working with him. I was proud of him for stating this...for one ..he knows the Constitution and it would be WRONG if he had taken a harder position or posture.

[rosal]

Please next time on your sermon speak for your self and not for every Democrat. Nobody named you our spoke person.

[carnelld]

rosal:

In the meantime, many loyal democrats.­....

I did not say I am a spokesperson for all Democrats.

Geez

[Appleton]

The decision of the Illinois Supreme Court has no particular legal significance. It confirms what anyone paying attention already knows. The appointment of Sen. Burris was accomplished in compliance with Illinois law. Its validity is not affected by the puerile refusal of the Illinois Secretary of State to perform the purely ministerial function of confirming the fact of the appointment.

So, why does the debate continue? It is because Sen. Harry Reid, that brilliant constitutional scholar, determined for God knows what reason that a commitment to the purity of Congress compelled the Senate to assert authority it does not possess to exclude someone deemed "tainted." The result is a ridiculous exchange of views concerning Sen. Burris' experience, integrity, job qualifications and personality traits, none of which has any material bearing on his right to be admitted into the hallowed halls of the club.

The controversy has produced two results, both of them bad. First, it has distracted the Senate from focusing attention on the huge problems greeting the new administration. Second, it has suggested to opportunistic Republicans that they may likewise raise objections to future prospective Democratic senators based upon whatever set of arbitrary standards they might find serviceable at the time.

Sen. Reid has done a great disservice to the constitution and to the party with this juvenile campaign. If we learn nothing else from this fruitless exercise, can we not at least agree that the Obama presidency will be better served with a new majority leader?

[milo h minderbinder]

The authority Reid claims is from the constitution:

"Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members"

Obviously, that's not very specific so different people are going to interpret it differently. In this case it may go to the courts to get sorted out. The states have the power to elect a person, but the senate gets to judge whether that selection was valid (based either on qualifications or the method of selection - in this case the objection would be the latter).

[Appleton]

I appreciate your thoughts, but I have expressed in a number of previous comments my view that the constitutional authority of the Senate to "judge" the elections and returns of its members is much more circumscribed than Sen. Reid believes it to be. I have no doubt that were the issue to be submitted to the Supreme Court, Sen. Burris would easily prevail.

[SurrealPumpkin]

The problem for Reid is that he cited Senate Rule not the Constitution. That's a difference issue and raises the specter of the Feds stepping all over states rights. Based on that alone the Republicans will have to support Burris.

I find the whole thing fascinating, but wish that Reid and Blago had kicked up this windstorm at some other time.

[SurrealPumpkin]

In Powell the Supreme Court found that the qualifications referred to were those in the Constitution which deal with age, citizenship and residency. The election part addresses the validity of the election, were the laws followed, that kind of thing.

Burris meets the qualifications and the Illinois Supreme Court has just found his appointment legal.

I wonder how far Durbin and Reid will carry this.

[Peaceisnecessary]

Please do not seat this man. He appears to be a joke. He does not appear to be interested in serving the people of Illinois and only has self serving motives. If he was so honest, he would not want to be involved in this situation, but instead appears to love the attention. I applaud the Senate and the Illinois State Representatives. It looks like President-elect Obama is rubbing off on other politicians.

[Dupree]

TO: Peaceisnecessary:

So, unless everyone accept or reject a position based upon what YOU may or may not do....dict­ates whether or not they are a joke? Burris is a smart politician. He also must be a fine lawyer ...well I guess he is considering he was the attorney general for a long time in the state of Illinios. The majority of the Senate that DO know him...(kee­p in mind ...you only heard about him in the latter part of December and know very little about him ...just what you have concluded based upon very limited informatio­n)...those that Do know him declares him to be a man of integrity. Just because this man of integrity (and that was said by his critics) accepts this position and YOU wouldn't does not automatically makes him dishonest. It just makes him "different" than you. Perhaps more of his own man. Not interested in getting a poll to see if he should take a perfectly legitimate appointment. I call that courageous. And I too, have integrity. We live in a world that is full of diverse people and we must respect and recognize that everyone does not have to think or act identical to YOU.

[gmlaster]

He is a joke being played on the State of Illinois, but WE ARE NOT LAUGHING. It's easy for you to call us haters because you're not going to be stuck with the consequences and repercussions of this spiteful choice by a disgraced governor. Blagojevich and Burris are using the letter of the law to violate the spirit of it.

You think you know Burris? Well we do too. We know him as a vain, egotistical little man who has never been able to get himself elected to any office he really wanted. He's a man who has so little integrity that as our Attorney General, he decided to allow an innocent man accused of child murder to be put to death for his own political gain. He knew it because the man who did it confessed, had knowledge only the killer would have, and was tied conclusively to the physical evidence.

Even the prosecutor begged him to release this man, but Burris was running for governor and wanted to look tougher on crime, so he decided to let this guy die. Google "Rolando Cruz" and see for yourself.

What, did you think we didn't want him because he's black? We don't want him because he wants power so badly that he'd execute an innocent man to get it. That's why we don't care about the "legality " of this appointment. Blagojevich is sending a big, giant fcuk you to the people of this state who impeached him today.

[stell]

Why doesn't Burris get the benefit of the doubt with regard to simply wanting to serve the State of Illinois in this capacity, and take over a historic Senate seat? Politics is about being opportunistic.

[gmlaster]

Because Roland Burris doesn't give two craps about serving our state. Whatever he's done, he did for one person: Roland Burris. All he has ever wanted in his miserable little life is to be senator, and he knows that nobody here will EVER elect him because we know he's all about one thing: Roland Burris. Our state is in too much trouble right now to have to postpone finding solutions just to cater to one man's vanity and delusions of greatness.

We need change NOW and we need someone who will be easily re-electable and who can keep up the groundwork being laid over the next two years. This state is broke, and under our disgraced governor, we've had nothing but bickering and gridlock. Nothing is getting done. The last thing we need right now is a substitute teacher. We need a senator who is for the people first, which automatically disqualifies a vain, egotistical me-monster like Roland Burris.

[Rustyzipper]

Its shows your not from Illinois..­. he has worked his whole life for the people and did a good job, NOW if he was a play to player, he would have won a few of those Dem Primaries.

[Dupree]

It amazes me how little evidence people needs to ascribe guilt to an individual. Watch out that the same measures you are so quick to use against Burris (a man YOU know absolutly nothing about five months ago) you have determined is crooked and don't care about the citizens of illinois. Tell me ...all knowing one...how did you obtain so much discernment that even those that know Burris personally­...ascribe to him great qualities and integrity. What do YOU Know that those that personally and professionally knows not.

[Rustyzipper]

Back to the Future....

Burris asked the Gov months ago, if he could be appointed to the Senate seat... If you took a poll everyone of the people up for that appointment had some contact with the Gov, before he stepped in do do...

If the Senate makes a case out of this,,, Gawd help us.

Seat the Man !!

[nomobull]

then lied about talking to blagos people. and if you think the guy who ran his last campaign didn't have his ear you are cray.

[Apartment604]

If the appointment has now been found to be valid under IL law, Reid really doesn't have a leg to stand on. There is already some very relevant (and possibly open-and-shut) Supreme Court precedent on this in Powell v. McCormack.

It's a shame that Burris accepted this appointment and let himself become a pawn in this whole circus, but the IL legislature could have prevented it by changing the law and/or ordering a special election. It didn't.

So it's time to move on.

[milo h minderbinder]

Changing the law, which includes ordering a special election, would have to be signed by Blago himself to actually become law.

So while a veto would likely be overridden fairly easily, if he did a pocket veto, nothing could become law for 60 days, long after Blago had made the appointment.

[Apartment604]

Good point about the pocket veto . . . sigh . . . maybe they should have impeached and removed before Obama won :)

[easarsfield]

This may be a 'victory' for Burris, but it doesn't distract from his comments made to the Illinois House impeachment committee.

I sincerely hope his appointment is investigated. His comments raised more than a few flags, and don't even get me started with Patti Blago's job.

[WaitingforJanuary]

I wasn't too concerned until his testimony yesterday. It doesn't sound like he was as straightforward as he claimed.

[SurrealPumpkin]

He did fine on the Blago part of the hearing. It was when the Dems started going after him on unrelated stuff that he had no reason to believe would be brought up that he started sounding squiffy.

[AntsyAmerican]

Now it looks like we have an ungly interjurisdictional battle.

The highest legal authority in IL says "Burris is the Senator. Period."

The US Senate uses a technicallity to OVERRULE the IL Supreme Court. In what way is that their prerogative?

[SurrealPumpkin]

In no way. Supreme Court, here we come. I hope they televise the hearing.