Illinois GOP Wrong On Special Election to Fill Obama’s Senate Seat
Posted on January 9, 2009
-By Warner Todd Huston
Once it became known throughout the state that Governor Balgojevich was being entertained by the U.S. Attorney for his creative attempts to shore up his retirement plans and once it was realized that the Governor had yet to pick a replacement to fill Barack Obama’s Senate seat, the Illinois GOP latched on to the call for a special election as the solution for that issue.
Unfortunately, they’re wrong.
Oh, don’t get me wrong, it is definitely the only way a Republican could possibly be sent to Washington as our junior senator from Illinois. But special elections are not the constitutional way we fill a vacated senate seat. It just isn’t.
Even Judicial Watch, normally a conservative watchdog group, knows it. They have today filed suit for Harry Reid to immediately seat Roland Burris, the governor’s pick.
Regardless, Illinois State Senator Bill Brady (R-Bloomington) is still demanding a multi-million dollar special election that the state can neither afford, nor can constitutionally justify.
“It’s not about Roland Burris,” Brady said. “It’s not about anything other than a scandalous party whose governor has been arrested and continues to give him the power to make this appointment.”
Senator Brady, I couldn’t agree with your sentiment on that particular point more. We cannot trust this governor in any way. He has been a disaster since day one. We Illinoisans should not accept anything from this man. Guilty of what Fitzgerald has charged him with or not, Rod Blagojevich has thoroughly lost the confidence of every last citizen of Illinois except, perhaps, Mrs. Blagojevich. And even her loyalty might be questionable once Fitzgerald starts to use what he has on her to get cooperation.
But, Senator Brady, we cannot have it both ways. We cannot, as Republicans, claim we want to stand by the law and get rid of a purportedly lawbreaking governor, and at the same time propose obviating our own constitutionally mandated process to fill a senate seat.
The Illinois Constitution clearly states that it will be the governor’s duty to fill a vacated senate seat. The constitution does not make provisions for a special election.
If you want a different process to prevail, you will have to change the constitution.
Let us not claim to be the more law abiding party and at the same time offer solutions that break that very law.
Yes it will mean that this time we will certainly get a Democrat replacement for Barack Obama. But principle is principle and the law is the law. It isn’t convenient for us to abide by the constitution. But it is the right thing.
» Filed Under Barack Obama, Constitution, Crime, Democrats, Elections, Liberal Media/Bias, News, liberalism
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7 Responses to “Illinois GOP Wrong On Special Election to Fill Obama’s Senate Seat”
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Regarding the following part of the article:
“Once it became known throughout the state that Governor Balgojevich was being entertained by the U.S. Attorney for his creative attempts to shore up his retirement plans and once it was realized that the Governor had yet to pick a replacement to fill Barack Obama’s Senate seat, the Illinois GOP latched on to the call for a special election as the solution for that issue.
Unfortunately, they’re wrong.
Oh, don’t get me wrong, it is definitely the only way a Republican could possibly be sent to Washington as our junior senator from Illinois. But special elections are not the constitutional way we fill a vacated senate seat. It just isn’t.”
May I suggest that you read the seventeenth amendment to the US Constitution. There are two constitutional ways to to fill a senate vacancy. A Special election or an appointment by the Governor of the state depending on how the state legislature implemented the seventeenth amendment. The Illinois law implementing the seventeenth amendment selected the gubernatorial appointment option without any restrictions. To implement the special election option now would require that the legislature revoke the current statute and replace it with one implementing the constitutional special election option, but the governor would most certainly veto that legislation. He would, however, most likely wait to the very last minute to do so to drag the stripping of the appointment power out as long as possible while the legislature overrode his veto. Then by the US Constitution, Governor Blagojevich, not the state legislature, would control the scheduling of the special election.
The Illinois Constitution does not clearly state that it will be the governor’s duty to fill a vacated senate seat.
The Governor’s appointment power comes from an Illinois Statute (10 ILCS 5/25-8)
“(10 ILCS 5/25?8) (from Ch. 46, par. 25?8)
Sec. 25?8. When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.
(Source: Laws 1943, vol. 2, p. 1.)
This Statute, which implements the seventeenth amendment to the US Constitution does not make provisions for a special election, but the seventeenth amendment does allow for it, so hypothetically the legislature could repeal this statute and replace it with one that required a special election, but any such special election would have to be initiated by the Governor, not the legislature to be constitutional under the seventeenth amendment.
If you are claiming that the the federal Constitution overrides state laws and Constitutions, why have the state laws and constitutions?
I am simply stating that the US Constitution permits the states to use either of two options for replacing a US Senator, and what the Illinois law is that implements the US Constitutional provisions. The Illinois Constitution is mute regarding the filling of US Senate vacancies.
The state cannot override the US Constitution in determining how they will fill a federal government vacancy (US Senator), and Illinois has not done anything that is contrary to the US Constitution.
If the state could ignore the US Constitution, why have a US Constitution?
“If the state could ignore the US Constitution, why have a US Constitution?”
That seems to say to me that you aren’t aware of what the US Constitution is supposed to do in the first place. It is to LIMIT what the federal government can do. The state constitutions are to define all else! So, your question seems uniformed, to say the least.
The Seventeenth Amendment to the US Constitution:
“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
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.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”
“That seems to say to me that you aren’t aware of what the US Constitution is supposed to do in the first place. It is to LIMIT what the federal government can do. The state constitutions are to define all else! So, your question seems uniformed, to say the least.”
Excuse me, but Article 1 of the US Constitution defines the Legislative Branch of the US Government.
Article 1, Section 1 defines this as The US Congress which is composed of a House of Representatives and a Senate.
Article 1 Section 2 defines the house of representatives, and how it’s members are selected.
Article 1 Section 3 defines the US Senate and how it’s members are selected.
No individual state can redefine these federal government bodies, or change the criteria for the selection beyond what the US Constitution allows. You do not seem to understand the US Constitution, and the relationship between the Federal Government and the States.
This is my last posting on this subject.
Bye!