Say Anything Blog

They say they can’t seat Burris because the Illinois Secretary of State didn’t sign off on his appointment.

(CNN) – The secretary of the U.S. Senate on Monday rejected the certificiate of appointment for Roland Burris, named by Illinois’ controversial governor to fill Barack Obama’s Senate seat, according to an aide to the secretary.

The aide said Secretary of the Senate Nancy Erickson rejected Burris’ appointment because it does not conform with the Senate rule requiring that the secretary of state — in this case, Illinois Secretary of State Jesse White — must sign the certificate of appointment along with the governor.

White has declined to sign the certificate, siding with some Senate Democrats who say Burris should not be seated because of the cloud over Gov. Rod Blagojevich, who is accused of trying to sell Obama’s Senate seat.

According to a Democratic source and a Democratic Senate leadership aide, without the signed certificate Burris will be denied access to the Senate floor.

I’ve been of the opinion that there’s nothing anyone in the Senate can do to deny Burris his seat, and this doesn’t change my mind.  Senate rules are set by the Senate.  Using the logic on display above, the existing members of the Senate can refuse to seat anyone - even lawfully elected candidates - simply by changing their rules around.  I don’t think that’s in keeping with the constitution.

Let’s remember that Rod Blagojevich is still legally the Governor of Illinois.  He’s made an appointment that’s within his office’s power to make, and the person he chose fulfills all the requirements set out by state and federal law.  The Illinois Secretary of State has no legal basis for refusing to sign off on this appointment, and the Senate has no choice but to accept Burris as the junior Senator from Illinois.

Meanwhile, Burris is on his way to Washington to claim his seat and Democrats are still promising to restrain him physically if need be.

Remember, America: This is the hope and change you voted for.