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January 8, 2009
The Senate Should Obey the Law and Seat Roland Burris
By Hargrove Jones
If Governor Blagojevich had wanted to hurt the Democrats, he could have appointed a Republican, and sat back laughing while the Republicans forced the Democrats to honor the appointment.
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On Tuesday, January 6, 2009, the United States Senate prevented Roland Burris from appropriating his Senate Seat. Their explanation was that the certificate that authorizes his appointment to the Senate is not signed by the Illinois Secretary of State. But while the Secretary of State is authorized to verify an appointment by the Governor, that verification is not required, especially when, as in the case of Roland Burris, the appointment is a matter of public knowledge.
Secretary of the United States Senate Nancy Erickson rejected Burris' certificate of appointment to the Senate as invalid. Erickson cited Senate Rule 2 as the reason for the rejection.
RULE 2. The Secretary shall keep a record of the certificates of election and certificates of appointment of Senators by entering in a wellbound book kept for that purpose the date of the election or appointment, the name of the person elected or appointed, the date of the certificate, the name of the governor and the secretary of state signing and countersigning the same, and the State from which such Senator is elected or appointed.
Rule 2 is merely a recounting of a record keeping procedure, duly overseen by a Secretary. It simply instructs the Secretary to record "the date of the certificate, the name of the governor and the secretary of state signing and countersigning the same," it does not say that the Secretary should insure that there is a signature. As a matter of fact, it infers quite the opposite, in Senate Rule 3, which indicates that the parties don't even have to use the form! "(T)hey may use such forms if they see fit."
RULE 3. The Secretary of the Senate shall send copies of the following recommended forms to the governor and secretary of state of each State wherein an election is about to take place or an appointment is to be made so that they may use such forms if they see fit.
On national television, and before the world, Roland Burris' appointment by Governor Blagojevich was verified! By denying Roland Burris his Senate seat, the Senate is deferring to a public servant who refused to perform his duty, and it is denying the authority of a duly elected governor. In so doing, the Senate is defying the law, and exceeding its authority.