Precedent for the unprecedented?

Before embattled Gov. Rod Blagojevich even had the chance to officially announce his pick to take the U.S. Senate seat vacated by President-elect Obama, lawmakers blunted the power play, insisting they won't seat Roland Burris.

Happy New Year! Gov. Blago followed through with his resolution to fight, fight, fight. Did you see the press conference? True political theatre, Illinois style. Blog here on the latest Blago bizzare move. This guy may be crazy. But it may be crazy like a political fox.

While Senate Majority Leader Harry Reid said with a letter signed by all 5o Senate Democrats, that the U.S. Senate would not seat anyone nominated by Blago under the powers in Article I, Section 5 of the Constitution, the text on the Senate's ability to block the Gov.'s appointment is not clear:

"Section 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide. "

The appointment of the 71-year-old Burris did not come from an election. Also, there is a precendent Supreme Court decision that would seem to side with the governor.

In Powell v. McCormack (1969) the Court ruled that the Senate could expel, but not exclude a member legally put there.

Adam Clayton Powell pecked at his fellow representatives from his unassailable perch in New York's Harlem. Powell had been embroiled in controversy inside and outside Washington. When Powell failed to heed civil proceedings against him in New York, a judge held him in criminal contempt. His problems were only beginning. He won reelection in 1966 but the House of Representatives voted to exclude him.

Chief Justice Warren concluded that since Powell had been lawfully elected by his constituents and since he met the constitutional requirements for membership in the House, that the chamber was powerless to exclude him.

www.oyez.org/cases/1960-1969/1968/1968_138/

The governor said he was required to govern, and appoint a replacement for the Senate seat, and that the Illinois General Assembly was playing politics, by not calling for a special election and moving ahead with impeachment proceedings.

Ok. But the theatre was a politically loaded. Included statements by Rep. Bobby Rush that through the race card into the ring.

Politico.com has good coverage of the events plus video of the raucus press conference here:

www.politico.com/news/stories/1208/16930.html

Blog here and tell me, do you think Blago is legally right, even if everyone else says he is wrong and should just go away. Also, just for fun, put in your date for when the Gov. will be removed from office by impeachment. Lt. Gov. Pat Quinn said he would be gone by Lincoln's birthday bash on Feb. 20.