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My first reaction to your Headline was - Senator Quinn and then Governor Lisa M. Then I had another pot of coffee and realized what you meant. LOL
When it looked like Obama was going to win and we started discussing his replacement, remember how I said that Blagojevich would select himself in order to get a new legal position? Well, the FBI tapes confirmed that. Blagojevich's number one order in importance was "legal benefit".
Also I predict that we will discover that on the Tuesday he was arrested, Blagojevich was going to make his selection. It was going to be Jesse Jackson Jr.
I'll explain more when you start a Jackson thread why I foresaw this...
But I predict today that if Quinn gets it, he's going to select himself, bail on the problems we face in order to get an inside player in the gubernatorial office, and enjoy DC.
perpetrate a dangerous misconception: that the U.S. Senate has blanket
power to refuse to seat a new Senator.
That is what the current Senate leadership appears to think
unfortunately, but the Supreme Court decisively rejected that
understanding in 1969. For Harry Reid to now say that they could
refuse to seat Blago's appointee is exactly like a state pretending
that Roe v. Wade never happened and they can forbid all abortions.
The Supreme Court ruled 7-1 that Congress "has no power to exclude a
member-elect who meets the Constitution's membership requirements."
Those specified membership requirements are simply age, citizenship
and being a resident of the state.
http://supreme.justia.com/us/395/486/index.html
http://caselaw.lp.findlaw.com/scripts/getcase.p...
That ruling has never been challenged, there have been no attempts to
reject a new Senator or Congressman since then, and whether the new
member of either house was elected or appointed is irrelevant to the
Court's reasoning. If Blagojevich appoints himself, or someone else
with whom there is no evidence of corruption in the selection, and the
Senate then refuses to seat that person, Blagojevich can and no doubt
would seek emergency relief in the federal courts. The 1969 decision
is the unambiguous law of the land so the current Supreme Court is
likely to ask Harry Reid, "Which part of 'has no power to exclude' is
unclear?"
The Court in 1969 explicitly sought to debunk the notion that Congress
has blanket authority to refuse to seat members: "In judging the
qualifications of its members under Art. I, 5, Congress is limited to
the standing qualifications expressly prescribed by the Constitution."
Anyone who thinks the governor wouldn't fight this issue tooth and
nail doesn't know this governor, and he has plenty of campaign cash
with which to pay lawyers.
May I suggest that you review this issue with some constitutional-law
experts and correct the public record before we have a national
constitutional crisis on our hands.
In the Senate he's the low man on the totem pole at age 60 and has to play nice with Durbin.
Paul, you're most likely right. They probably can't "refuse to seat" the Illinois representative.
But they can sure as hell vote to expel him/her, probably the same day he/she sits down. So it's a matter of legal-ese and semantics more than anything.
Also, this is the Governor who got a 'C' in constitutional law, right? So maybe he doesn't know this part.
Quinn wants to be governor, not senator. If he were willing to leave the state, impeachment would be rolling right now.
So it seems that Powell does not apply to an expulsion at all.
If the gov appointing Senate vacancies was good enough from 1970 until Dec 8, 2008, why isn't it the right way to go now?
Because Durbin, Madigan and the Dem Party don't want Pat Quinn making the appointment? Why is Quinn's appointment any less legitimate than another Illinois governor's appointment?
Are the Madigans worried Quinn will get too popular? If Quinn appoints someone will that give him a powerful ally?
Wont happen.
Rule One - Look out for Number One.
Quinn has better chance of winning gov nomination than Senate nomination.
You do great work, and this week has been stupendous, so please don't consider me a troublemaker. Just wanted to point it out.
Also, the Small appointee probably didn't even litigae it.
Not that many communities will have primary elections on February 24; most just have a single election scheduled on April 7. Chicago (except for those voters in the 5th Congressional District who have to elect a replacement for Rahm emanuel) have no election scheduled in 2009. with most governmental budgets already straining, letting Pat Quinn appoint a Senator for two years may in the end prove to be the more fiscally prudent course of action to take.
But back to reality, the best possible solution for all involved is for Quinn to quickly appoint Valerie Jarrett to the vacancy. End of story.
http://www.myfoxstl.com/myfox/pages/Home/Detail...
This makes me suspect that one of the ways Quinn will attempt to burnish his anti-Blago credentials is by going out of his way to be nice to Springfield and downstate.
I predict that when (it's not a matter of "if" any more) Quinn becomes governor, some of the first things he will do that aren't related to the current unpleasantness will be to move into the mansion, visit Pontiac and tour the prison, and tour a reopened state historic site (with cameras present, of course).
If he could get into office before Christmas and reopen either Bishop Hill or the Dana Thomas House (or both) in time to do some holiday tours, he'd have the photo op of a lifetime.
VM, suggesting Quinn's lazy is foolish. Talk to a reporter who's covered him or a staffer who's worked for him.