Burris and Marbury

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Friday January 02, 2009 · 9:38 AM PST

2009/01/02 · 09:38

I haven't seen this anywhere yet, so I thought I would toss it out there and see if it stuck.

I was reading Roland Burris' Complaint to the Illinois Supreme Court attempting to compel Secretary of State White to confirm his appointment, and a couple things about the complaint jumped out at me.

First the complaint states:

In accordance with with 15 ILCS 305/5 § 5(1)

It shall be the duty of the Secretary of State:

To countersign and affix the seal of the state to all commissions required by law to be issued by the governer.

emphasis mine

link

at first look it appears that the whole issue is settled by the law, it is White's official duty to certify the appointment, no ifs ands or buts.

However, there is an out here. There is no mention whatsoever of Marbury v. Madison in the entire complaint.

For those who need a refresher on the case here is the wikipedia article

Essentially what the decision said was that while Marbury was entitled to his seat, there was no way for SCOTUS to compel Madison to deliver the appointment.

I don't know if there's anything here, but I figured I would bring it up.

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This whole thing is...

Crazy

Reasonable

Why can't it all just end?

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This whole thing is...

Crazy

12 votes

Reasonable

3%

1 vote

Why can't it all just end?

14 votes

Pie

3 votes

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