Is it possible 3 Senators for Illinois- MSNBC: a credential's fight??

[SuperTrouper]

For example, if Blago gets removed from office in two weeks and Quinn becomes the new Governor and he nominates JJJ and White signs the certificate (but refuses to sign Burris's) who sits in the Senate, Burris, JJJ? It is possible, especially now that Blago has been impeached.

[onenote]

1. no

[Critters2]

2. Blago is the sitting governor. He's made the appointment. End of story. nt

[SuperTrouper]

3. Seeing how this circus has developed, I would not be surprised by anything.

Remember, Harry Reid is unpredictable.

[Critters2]

4. The law is not.

Thank God!

[SuperTrouper]

6. John Harwood-MSNBC just said the same thing: Quinn will appoint someone else and there will

be a credential's fight! I'm telling you, this is not over.

[Orangepeel]

7. Huh. I don't know anything about IL politics, but my sense is that Quinn wouldn't want the circus

Blago was happy to have the circus (as was the media). Why would Quinn wade into that?

[stopbush]

5. Illinois SC ruled that White's sig isn't needed.

Burris is now the Senator. The end.

[SuperTrouper]

8. I tend to agree with you...

[dbackjon]

9. Yup - game over

Senator Burris

[slick8790]

10. That's not true.

The Secretary of the Senate can still choose to not accept Burris's credentials. The Secretary reject Burris' original credentials based on the fact that it did not have White's signature on it. Nothing has changed in regards to this. Simply, the ILSC ruled that it was a legal appointment made by Blago. Just because the appointment is legal in IL, does not affect Senate rules. I wouldn't be surprised if the Sec. of the Senate refused his credentials still.

[stopbush]

11. And Burris will take the Senate to court and they'll lose that

battle just like they've lost them in the past. The Senate would be setting the precedent that they can ignore rulings from EVERY State SC in the land. They won't go down that road if they're smart.

Senate "rules" and "traditions" are NOT law. Court rulings are law.

Case closed.

[slick8790]

12. No, case not closed. In your condescension, you miss important things.

The U.S constitution is the supreme law of the land, higher than any other. The U.S constitution gives the senate the right to judge the qualifications of its members. Right here in Article One, 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."
http://www.usconstitution.net/const.html#A1Sec1

As well, same article and section:

"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."
http://www.usconstitution.net/const.html#A1Sec1

Therefore, the Senate is given the authority to not only judge the qualifications of its members, and set rules of how the senate is to be run.

The Senate does, in fact, have these rules of its proceedings. Like Section 2, Rule 2:

"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. "

http://rules.senate.gov/public/index.cfm?FuseAction=RulesOfSenate.View&Rule_id=45831f40-f4a1-4348-b332-63479dd3a55a&CFID=57419949&CFTOKEN=59867292

The last sentence details the necessity of a SoS countersigning the certificate of appointment or election. White has not signed said certificate. Therefore, according to constitutionally allowed senate rules, the senate has used its constitutional right to judge the qualifications of its members, and has found Roland Burris to not meet the qualifications for membership.