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View Diary: The Blagojevich-Burris-Rush Follies (352 comments)

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  •  The 17th Amendment -- Seat him! (4+ / 0-)

    Here is the relevant part of the 17th Amendment:

    "When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

    There is nothing that allows a State to add extra conditions onto the Governor's appointment process. The IL Sec of State's signature has no bearing on the appointment under the 17th Amendment.  Burris is the Senator NOW whether the IL Sec of State signs the document or not.  Also, since there is no election, all the Senate can do is judge qualifications of the appointee and there seems no impediment.  

    Seat him and move on!

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