Signed by the entire Senate Democratic leadership and all members of the Democratic Caucus. Sen. Richard Durbin, (D-IL), Dec. 10, 2008
In the first paragraph above, Sen. Durbin says that the Democratic Caucus "would be forced to exercise its "Constitutional authority" to review the appointment. This is a reference to Article I, Section 5 above. The "Senate Democratic Caucus" has no authority under the United States Constitution. It isn't even mentioned. The Senate does have the authority to "be the Judge of the Elections, Returns and Qualifications of its own Members." But no Senator or group of Senators is "forced" to do this.
Doesn't this sound like an implied threat? 'We want a special election not an appointment by you, Rod. Go right ahead and we'll invoke that section of Article I, Section 5 on Qualifications.'
How would they proceed? Will they reject this fully qualified man as a United States Senator because the governor filling the vacancy, unlike all other citizens, is judged guilty as charged without the right to a trial by a jury of his peers. Gov. Blagojevich has been charged, not convicted. Is it is still possible to say this: the governor is innocent until proven guilty.
How does it look when the Senate throws away the presumption of innocence by threatening to obstruct a legal appointment based on the presumed guilt of the governor making the appointment?
Why didn't just one Senator stand up and point out that the appointment of Roland Burris was made by a sitting governor according to the laws of the State of Illinois, as the Constitution provides?
Will just one Senator on the Republican side take Sen. Cornyn to task for his obstructionist threat regarding Al Franken?
Why are they so special that they don't have to follow the rules?
We're witnessing the beginning of the 111th Congress engaged in the wholesale disrespect of the law in favor of partisan bias. There is no regard for the law, no regard for process, and no indication of even the slightest degree of insight on the part of those flaunting the laws. There isn't even one objection to the violation of process, rules, and law from any Senator.
The majority of citizens are subject to the laws as they stand. If you steal an iPod, that's a felony in most states. You'll do some time if you can't afford an attorney. If the felony stands, you'll lose your right to vote in many states. In all instances, a felony places huge barriers to gainful employment, including a career in any of the professions.
Yet when it comes time to obey the Constitution that they're obliged to honor and protect, what do the Senators do? They allow their personal bias and political interests to trump the Constitution without any noticeable objection from the legislative body.
This type of disregard for the law by lawmakers is not only unacceptable; it impedes citizens from implementing their own "bailouts" and "recovery" programs by denying them access and positive influence on the government in this critical period of our history.
Memo to Congress: Try following your own rules, precedents, and, most importantly, the Constitution of the United States. The laws and rules that Congress should follow are fairly straight forward and the underlying principals are clear -- respond to the will of the people and respect their right to representation.
END
NB: The obedience to what I characterized as " important laws, particularly those where there is a general consensus and no moral ambiguity" in no way diminishes the utility of civil disobedience for morally repugnant laws like those resisted by Martin Luther King, and others.
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