Editorials
Editorial: Seat Illinois’s Mr. Burris
01:00 AM EST on Sunday, January 11, 2009
We were among those who thought that it would be a very bad idea for Illinois Gov. Rod Blagojevich to appoint the person to fill the vacant U.S. Senate seat of Barack Obama — given that federal prosecutors have charged the governor with a scheme to sell or trade the seat to the highest bidder.
Since the people of Illinois, through their legislature, have not come up with an alternative means to fill the seat — though a special election would have been a good idea — Mr. Blagojevich has done so under the state’s constitution, naming Roland Burris. Mr. Burris is a former Illinois attorney general.
The governor now awaits an impeachment trial.
While the evidence against the dubious Mr. Blagojevich thus far shared with the public seems awfully strong, it is important to remember that he only stands accused. He has not been found guilty of anything, and continues to exercise the powers of governor, including the power to fill a U.S. Senate vacancy.
Thus, Senate Majority Leader Harry Reid overstepped his constitutional authority in blocking Mr. Burris from quickly taking office (as the only African-American in the Senate, incidentally), and having a Senate official lead him outside. (Senate officials based their rejection of Mr. Burris on the spurious technicality of the Illinois secretary of state’s failure to certify the governor’s choice. A court has since ruled no such certification is needed.) Senator Reid’s actions were especially egregious in that he had been pitching for other nominees than Mr. Burris to fill the Senate seat, and thus was hardly acting as a disinterested party.
Mr. Reid may not choose who can serve in the Senate, on behalf of Illinois or any other state. That is up to the states, according to rules they establish.
Some of the wiser heads in Washington — including Dianne Feinstein, chairwoman of the Senate Rules Committee, which could take up the case — are coming around to that view, suggesting that Mr. Burris will soon be seated.
That is as it should be. This country must continue, to the fullest extent possible, to be a nation based on the rule of law, and not on the desires of powerful politicians such as Mr. Reid, even if they have correct views about another official’s ethics.
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