Tuesday, January 06, 2009

Rule of Law

California Sen. Dianne Feinstein goes against Senate Majority Leader Harry Reid in saying Illinois Gov. Rod Blagojevich has made a legitimate appointment to the US Senate. – Fox News, Web Headline.

It is a new year with a new president and a new Congress. With the new comes the strange. Strange for me is agreeing with a radically liberal senator from – of all places – California.

You know the story. Indicted Illinois governor Rod Blagojevich has made his selection for the senatorial seat vacated by president-elect Barack Obama. Governor Blagojevich's chances of beating the rap of trying to sell this Senate seat are nil. In addition, he has a potty mouth which has made him the butt of late night humor.

Nevertheless, the fact is that as Mr. Blagojevich is the governor, indicted, but innocent until proven guilty, state law empowers him to make this appointment to the Senate. In addition, there have been no allegations against his appointee.

So where is the rule of law in denying Roland Burris a seat in the Senate?

The appointment was tainted? By what? A foul-mouthed governor? Sad to say, but many of our elected officials suffer from a lack of vocabulary in their private speech. This does not rise to a point of law, in my humble opinion.

Unless there is some evidence that Mr. Burris himself was involved in the federal accusations against Governor Blagojevich, the Senate of the United States of America, the greatest deliberative body in the world, is guilty of an unconstitutional hissy fit.

As a white guy living in Wisconsin, I have no dog in this fight. There is this concern. After eight years of the administration under Mr. Bush playing fast and loose with the Constitution, this first act under a new regime does not bode well.

Senator Feinstein is right – I still cannot believe I am writing this – Mr. Burris should be seated.

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