Reaction to the Burris Appointment

Mencken famously noted that "No one ever went broke underestimating the intelligence of the American people." As I recall, at the time he was writing about the advertising industry, but current events confirm its general applicability. Or maybe it's not intelligence but ignorance that's the problem.

The ignorance of the American public regarding our history and our government and how it operates has been thoroughly documented, and no better proof can be Found in today's headlines than the reactions to Illinois Governor Rod Blagojevich's appointment of Roland Burris to fill the senate seat vacated by President-elect Obama.

I'm a huge fan of exploring all of the different shades of gray, but in this case there is no gray there. There is absolutely nothing to discuss, other than that Blago ought to have done the right thing and stepped aside to let Lieutenant Governor Pat Quinn make the appointment. Period. The end.

The U.S. constitution requires that when a senate seat becomes vacant between elections, the governor of that state must appoint a replacement*. Until Blagojevich is impeached by the House (accomplished!) and tried and convicted by the Senate, he is the Governor of Illinois. End of discussion.

As for the Senate declining to seat Burris, this question has also been asked and answered by the seminal decision rendered by the Supreme Court in the 1969 case of Powell v. McCormack. Harry Reid should know better!

Blagojevich is an incompetent, immature, unstable, unpopular failure of a governor. His popularity ratings were in the low teens before the federal indictment--the Illinois version of George W. Bush, but without W's "charm." I think it's highly likely that he'll be found guilty of any number of criminal acts when his case finally gets to court (if Federal Prosecutor Fitzgerald's early leaking of the indictment didn't screw the pooch for the prosecution). And, the standards for an impeachment trial being being different from and less stringent than for a criminal trial, there's no question in my mind that he'll be removed from office by the Illinois Senate.

But none of that has happened yet. In the meantime, like it or not, Rod Blagojevich is still the Governor of Illinois and still required to appoint a successor to Senator Obama, and the Senate is still required to seat his appointee.


UPDATE:  As several friends have pointed out, actually the Constitution prescribes a special election to fill Senate vacancies unless the state has passed a law allowing for appointment by the Governor, which Illinois has.  The statement should have read "The U.S. constitution and Illinois law require that . . . ."  Sorry for the sloppy writing.