LEGALLY Senate MUST Vote on Blago Pick Burris

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.And he didn't even have to frame it that way, he got Congressman Rush who just happened to show up at the press conference  to frame it for him...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:

Looking Ahead to a Constitutional Crisis

by Brian Faughnan

I’ve spoken with a Senate source regarding the process by which Roland Burris will (or won’t) be seated in the U.S. Senate. First off, have a look at Rule 2 of the Senate:

The presentation of the credentials of Senators elect or of Senators designate and other questions of privilege shall always be in order, except during the reading and correction of the Journal, while a question of order or a motion to adjourn is pending, or while the Senate is voting or ascertaining the presence of a quorum; and all questions and motions arising or made upon the presentation of such credentials shall be proceeded with until disposed of.

The question of whether Burris shall take his seat or not is a privileged matter; the Senate cannot avoid doing something about it. This is one case where Senator Reid cannot simply pretend that the credentials were never received.

According to a Senate staffer familiar with the process, it’s likely that the Secretary of the Senate will receive Burris’ credentials from Governor Blagojevich prior to the start of the new Congress (and the objection of the Illinois Secretary of State is reportedly irrelevant to the issuance of those credentials). On that first day, the roll call of Senators to be sworn in will then include Burris’ name. Senator Reid — or someone else — will object to Burris taking the seat, and the Democratic majority will vote to refer the matter to the Senate Rules Committee for review. It is a foregone conclusion that the Rules Committee will recommend against seating Burris, and that recommendation will be affirmed by a Senate vote.


Assuming that nothing happens to resolve this dispute, Burris and the State of Illinois will presumably take Reid and the Senate to court — since the Supreme Court made clear in Powell v. McCormack that the Senate cannot reject a Senator on other than the straightforward question of eligibility for the office. And it is entirely conceivable that this fight could end with the court mandating that the Senate seat Burris.
And what would Harry Reid do then?

This could come to resemble Florida, 2000 — particularly if the Democrats lack votes to pass some elements of Obama’s agenda. And it seems that the only person in position to prevent such a crisis — the only person blessed with ties to all the major players — is Barack Obama. When will he step in to forge a solution that treats all sides fairly?