Comments on: Are appointments of Senators unconstitutional? http://donklephant.com/2009/01/08/are-appointments-of-senators-unconstitutional/ Big Teeth. Huge Ass. Surprisingly Reasonable. Mon, 23 Nov 2009 13:07:11 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: Mike http://donklephant.com/2009/01/08/are-appointments-of-senators-unconstitutional/comment-page-1/#comment-434809 Mike Thu, 08 Jan 2009 20:52:11 +0000 http://donklephant.com/?p=12647#comment-434809 There is not a single piece of the 17th Amendment than can challenge the constitutionality of Burris' appointment by Blagojevich. What can be challenged is how long he sits in the Senate, by forcing the issue of the 'writ of elections'. The appointment is already "provided" for in the amendment, and the op-ed piece never questions it. Reading the proviso, though, shows how much spin the author of the op-ed piece is putting on it in order to get his article published (and sell ore of his books). The answer is the final line: "... until there is a special election at such time and place that the legislature determines.” Simply stated, the legislature decides when to hold the election. So, they have every right to say "we'll hold the election with the next general election, or whenever the normal election for that seat should be". Done, case closed. I believe it is the feeling of most legislatures and governors that filing the 'writ of elections' is a waste of time and effort, because the legislatures will just follow the above logic and nothing in the process is affected. That being said, there is still nothing in the Constitution that was violated when Blago, still sitting in his seat as Governor of Illinois, appointed Burris to the vacancy. The real question is: how many Illinois state laws did Jesse White violate by not signing the appointment papers? Where is the law written that gives him such overriding power over the Governor? As far as I read, that power is only left to the Illinois Supreme Court. There is not a single piece of the 17th Amendment than can challenge the constitutionality of Burris’ appointment by Blagojevich. What can be challenged is how long he sits in the Senate, by forcing the issue of the ‘writ of elections’. The appointment is already “provided” for in the amendment, and the op-ed piece never questions it.

Reading the proviso, though, shows how much spin the author of the op-ed piece is putting on it in order to get his article published (and sell ore of his books). The answer is the final line: “… until there is a special election at such time and place that the legislature determines.” Simply stated, the legislature decides when to hold the election. So, they have every right to say “we’ll hold the election with the next general election, or whenever the normal election for that seat should be”. Done, case closed.
I believe it is the feeling of most legislatures and governors that filing the ‘writ of elections’ is a waste of time and effort, because the legislatures will just follow the above logic and nothing in the process is affected.

That being said, there is still nothing in the Constitution that was violated when Blago, still sitting in his seat as Governor of Illinois, appointed Burris to the vacancy.

The real question is: how many Illinois state laws did Jesse White violate by not signing the appointment papers? Where is the law written that gives him such overriding power over the Governor? As far as I read, that power is only left to the Illinois Supreme Court.

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