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Seat Burris, I've Been There
It's clear that, after he claimed his seat, Powell could have been expelled for misconduct. Since the question of his seating involved simple facts, the founders required only a simple majority to decide it. However, in order to expel on account of the more complicated question of misconduct, the founders framed the Constitution so as to require a two-thirds majority.
After New York's choice was rejected, Powell won the special election that followed and was again refused the seat. In the 1968 general election, Powell won again and this time he was seated. In 1970 he was defeated by Rep. Charles B. Rangel, who represents the district to this day.
There were two particularly notable quotations during this long controversy. California Rep. Chuck Wiggins—a Republican in a Democratic Majority House—said, "I have good reason to reject the notion that my seat is subject to the whim of the majority of seated members."
But the most ringing declaration came from the chairman of select committee, New York Democrat Emanuel Celler, who quoted The Merchant of Venice:
Bassanio: ...And I beseech you, wrest once the law to authority:
To do a great right, do a little wrong...
Portia: It must not be. 'Twill be recorded for a precedent
And many an error by this same example will rush into the state.
In the Powell case, it was the chosen person himself who had offended, not those who selected him. (Indeed, with so many voters involved, it's quite possible that some were what President Bush calls "evil-doers.") Just as we reject guilt by association, there is no legal offense called unpopularity by association. To date, Gov. Blagojevich, as unsavory has he may appear, has not been convicted nor even indicted, and Article One, Section Three of the Constitution provides, that if vacancies in the Senate happen by resignation, or otherwise, the governor of the state may make temporary appointments until the next general election.
Burriss’s right to be seated looks to me to be beyond dispute. During the past eight years, the Constitution has been ripped to shreds. It’s high time to play some catch-up ball and start mending it.
Andrew Jacobs, Jr., served in Congress for 30 years as a Democratic representative from Indiana. He now practices law in Indianapolis and has written several books on politics.
John Talks Joe
Lloyd Grove is editor at large for The Daily Beast. He is also a frequent contributor to New York magazine and was a contributing editor for Condé Nast Portfolio. He wrote a gossip column for the New York Daily News from 2003 to 2006. Prior to that, he wrote the Reliable Source column for the Washington Post, where he spent 23 years covering politics, the media, and other subjects.
Amateur Hour at the White House
Leslie H. Gelb, a former New York Times columnist and senior government official, is author of Power Rules: How Common Sense Can Rescue American Foreign Policy (HarperCollins 2009), a book that shows how to think about and use power in the 21st century. He is president emeritus of the Council on Foreign Relations.
Going Rogue: The Index
Christopher Buckley's books include Supreme Courtship, The White House Mess, Thank You for Smoking, Little Green Men, and Florence of Arabia. He was chief speechwriter for Vice President George H.W. Bush, and is editor-at-large of ForbesLife magazine. His new book is Losing Mum and Pup, a memoir. Buckley's Daily Beast column is the winner of an Online Journalism Award in the category of Online Commentary.
Please just seat Burris.The feds run at a snails pace to decide anything.Let the lwaymakers quit arguing among themselves and go get Blago and then Burris can be removed.Let common sense reign..God knows the politicians have lost their way..Burris appears sad and not bright to allow .Blago to set him up like a puppet.If and when Blago goes to prison, place him in a cell with the other thieves!.
I am very distressed by the shadow boxing America seems addicyed to. Could this be a subconscious attempt to ignore the multitude of grave crises that the nation and the world face?
This whole kerfuffle is silly! Granted, Blagojevitch is a nogoodnick, but he is undeniably a smart one. While everyone insists that Burrus' selection by Blagojevitch "taints" him, the opposite is most likely the case. First: I have not heard even one word that puts Burris' qualifications or character into question. Second: Blago's situation has, in effect, forced him to select a "clean" replacement for Obama's seat - certainly he must act to contradict the charges that he may face, and, being a canny politician, he has done so - thus guaranteeing that Burris is a stellar choice. Unfortunately, our politicians have, despite the Constitutional principle that one is innocent until proven guilty, bought into the notion of guilt by association and decided to indict Burris along with the still-to-be-indicted Blago.
Clearly, Blago has picked Burris to "stick it to" those who disapprove of his gangland style of political maneuvering. I would suggest that he has succeeded. He must be having a great time watching Washington pols scurry around trying to club him to death using poor Senator Burris as the club! It seems to me that the only ones getting hurt are those pols and the nation.Burris is an individual American who should be accepted or rejected on his own merits. Come on everybody, let's honor the Constitution. Burris' selection at the hands of a questionable politician under close scrutiny is no more relevant to Burris' fitness for office than Obama's serving on a board with a boomer bad boy was relevant to his fitness to lead. (Pay attention Pres. Elect Obama! Don't get sucked into the "optics" - they are often just hallucunations!) It's time to be logical!!!!!
Powell was elected by the voters in a clean election; Burris was appointed by a tainted governor. The two situations are not equivalent.
Let this go through the full roster of court decisions. Let them delay this as long as possible tied up in the courts, or until Blago is impeached and either the new governor Pat Quinn appoints a new candidate or there is a special election. That is the only way to assure that Burris did not buy his way into the seat. To let him be seated would punctuate the cynical view of the American public that political offices can be bought for a price.
How sad to see bigoted nitwits trying to change the constitution to support their warped views.
How sad that the some bigoted nitwits are, again, ignoring the constitution to further their warped views.
So nice to hear from you again Mr. Jacobs. At the beginning of my journalism career, you were among the first public officials I ever interviewed. You were kind, gracious, and patient. Thanks for all you good work!
Thank you.
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