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Sorry Senator Reid, LEGALLY Senate MUST Vote on Blago Pick Burris
Red State/Yidwithlid ^ | 12/30/08 | Yidwithlid

Posted on 12/30/2008 6:03:55 PM PST by Shellybenoit

Illinois Governor Blagojevich may be a crook, but you got to hand it to the guy, he pulled a brilliant move today, especially if he wanted to tweak the nose of his critics.

His choice, Roland Burris, is a lifelong public servant, former Attorney General, impeccable honesty and...oh yes, he is an African American. He has now shifted the debate to "will the senate deny a seat to potentially the ONLY African American in the senate?" He has now given his choice a chance because it is a RACE ISSUE. Its Brilliant.

But that's not even the best part. Harry Reid has said that he won't even allow a discussion about seating Burris. That way he keeps Burris out of the senate with out forcing his democratic party buddies to go on record preventing the ONLY African American from entering the senate. Now here is the part that Reid doesn't know. There is precedent, the senate can keep Burris out, BUT THEY MUST VOTE ON THE ISSUE:

(Excerpt) Read more at yidwithlid.blogspot.com ...


TOPICS: Politics
KEYWORDS: 111th; blagojevich; bleepgate; governorblagojevich; harryreid; obama; obamatransitionfile; reid; rolandburris; senatorreid
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To: Procyon
The Senate doesn't "chose" its members. The states (the people thereof these days) select the Senators.

They are members by virtue of having been selected by the states.

The Senate can only Expel members ~ so they need a 2/3 majority.

The rules of the Senate are subordinate to the Constitution.

41 posted on 12/30/2008 7:53:23 PM PST by muawiyah
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To: Procyon

BTW, it’s unlikely Illinois will toss Blago out, nor will they open up vacancies to general elections.


42 posted on 12/30/2008 7:54:48 PM PST by muawiyah
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To: TBP
BTW, the business about "qualifications of members" regards things applicable to all members. Senator Burris meets those qualifications ~ the only way they can refuse to seat him would be if he failed to meet a qualification.

Maybe they could create a "No Negro" clause or something!

43 posted on 12/30/2008 7:57:57 PM PST by muawiyah
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To: Procyon
Last thought about Blago. Maybe he knows something ~ like maybe he dropped a dime on enough people for Fitz that he's not going to be under indictment.

Maybe Blago tagged Obama out!

44 posted on 12/30/2008 8:03:15 PM PST by muawiyah
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To: sickoflibs
Doesn't Illinois have to sanction the selection before the US Senate gets involved? I thought Illinois said they wouldn't accept a Blago pick.

I don't see how this has any reflection on Obama. As far as I see this is Blago’s mess, not Obama’s.

45 posted on 12/30/2008 8:06:17 PM PST by Blanton
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To: Blanton
It's Obama's problem. He resigned from a Senate seat in a state that doesn't pick Senators for partial terms through election.

Now if he'd gone to a different state where they use elections to fill out a Senate term, there'd be no problem.

You have to think about these things before you do your carpetbagging!

46 posted on 12/30/2008 8:10:05 PM PST by muawiyah
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To: muawiyah

They can exclude him if they choose, as the Constitution gives them the power to do.


47 posted on 12/30/2008 8:38:27 PM PST by TBP
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To: TBP

Still takes a 2/3 vote. That’s what the Constitution provides.


48 posted on 12/30/2008 8:58:37 PM PST by muawiyah
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To: muawiyah

The Constitution does not say that anywhere.


49 posted on 12/30/2008 9:10:13 PM PST by TBP
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To: TBP
Section 5 ~ "Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member."

2/3 means 2/3. Right? Well, there it is, 2/3.

50 posted on 12/30/2008 9:20:09 PM PST by muawiyah
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To: muawiyah

That is expulsion. That is different from refusing to seat the appointee in the first place.

It also says that each House is the final arbiter of its own membership. That doies not carry a 2/3 requirement.


51 posted on 12/30/2008 9:27:09 PM PST by TBP
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To: mkjessup

It’s kinda like Roadrunner versus Wile E. Coyote. Just not sure at this point which is which.


52 posted on 12/30/2008 10:10:54 PM PST by pankot
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To: Shellybenoit

Harry won’t let a little thing like the Constitution stop him.


53 posted on 12/30/2008 10:15:19 PM PST by Rocky
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To: hunter112
Dingy Harry might not get it yet, but somebody's going to explain it to him nice and slow in the next 48 hours.

...and I'm thinking that someone may be Bobby Rush:

Blagojevich was aided by Rep. Bobby Rush, D-Ill., in an effort to make Burris' appointment a racial issue.

Rush called Blagojevich's appointment a "good decision," and praised Burris, who is black, as "worthy."

"He has not, in 40 years of public service, had one iota of taint on his record," Rush said.

With Obama's election to the presidency, Rush said, "Let me just remind you that there presently is no African-American in the U.S. Senate." He added that Burris' Senate appointment is of "national importance" and that his "prayers have been answered."

Rush said he'd argued that the Senate seat Blagojevich's pick.

"I intend to take that argument to the Congressional Black Caucus," said Rush. "I intend to take that argument to the senators."


54 posted on 12/30/2008 10:36:46 PM PST by jellybean (Who is John Galt? ~ Bookmark altfreerepublic.freeforums.org for when FR is down)
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To: muawiyah

How is this Obama’s problem?


55 posted on 12/31/2008 1:10:25 PM PST by Blanton
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To: TBP

The Constitution gives each house the power to expel a member. It does not give either house the power to elect its own members ~ you and I elect the members.


56 posted on 12/31/2008 1:40:52 PM PST by muawiyah
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To: TBP
What you need to look at first are the Constitutional rules common to both houses. You then look at the rules peculiar to each house. They're right there in the Constitution.

The business about who is or is not a Senator has to do with elections, and the Congress can add to the requirements, but it must do so BEFORE the elections. That issue came up in one of the Presidential elections not too far back ~ 2000 I believe ~ gotta' make the rules before the elections every single time.

Whether or not you have the public at large voting for a Senator, or a single individual, e.g. the Governor voting for him or her and call it an appointment, it's still an election.

The guy Blog just appointed is "the man". He has the job. Now if the Senate doesn't want him in the job they must expel him. Taking the oath is a minor administrative detail which has no controlling authority over who is or is not "the man". Same with the Illinois Secretary of State's certification, or not, of the selection/election. You win the election, you are "the man". Else the Constitution is being violated.

57 posted on 12/31/2008 2:32:23 PM PST by muawiyah
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To: muawiyah
He has the job.

And he also does according to Senate rules. The Senate has no authority to hold a vote to approve someone taking his seat. It is his. They can only vote to expel him for good cause. No vote means he sits.

58 posted on 12/31/2008 2:39:39 PM PST by AndyJackson
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To: ClearCase_guy

“Take it to the Supreme Court if you want — they won’t lift a finger. Reid will do what he wants and get away with it.”

Is this the pattern for the new Obamanation? They’ll all do that - it’ll be rather like Chicago in the times of Al Capone. Who is going to be our Elliot Ness?


59 posted on 12/31/2008 2:41:53 PM PST by SeattleBruce
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To: sickoflibs

“This is Obama’s gays in military! THANK YOU!”

Only before the coronation..


60 posted on 12/31/2008 2:42:24 PM PST by SeattleBruce
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