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Burris Blocked From Entering Senate

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posted on Jan, 6 2009 @ 01:22 PM
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"The secretary of state in Illinois has refused to certify Blagojevich's appointment of Burris. Senate rules say such certification is needed."

Basicly what was said, (seen on CNN, links to follow, is that to be a senator from illinois MUST have the paperwork signed by the states, secretary of state. (Now say that 5 times fast:lol


From Cnn, they said that he was turned back by the senate "sargent of arms".

It seems, that there is not really any particular problem Burris in and of himself.

The real issue seems to be wether or not the disgrased governer of Illinos can/should be allowed to make the appointment to the senate to replace Obama.

Ok, I found a linkable source:
Rueters

This is an issue of who is legally able to appoint the president-elect's senate replacement and not any issue of race. (just to make that clear).


Mod Edit: All Caps Title.


[edit on 6-1-2009 by MemoryShock]



posted on Jan, 6 2009 @ 01:36 PM
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I'm glad this happened. Burris sounds to me to be just as silly and arrogant as Blago. I think that by doing this, Burris is now off the list for consideration as he should be.



posted on Jan, 6 2009 @ 02:51 PM
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While I have understood some to contend that Mr. Burris is the epitome of mediocrity, It was my understanding that the Secretary of State's confirmation of any Gubernatorial appointment to a senate seat was strictly "ministerial", in other words, he hasn't the legal authority to decline the responsibility to certify the appointment unless there is a legal reason he can provide to justify it.

There is no legal reason to block this appointment (unless there is something I missed) and thus the action of the Secretary of State is actually illegal itself.

Please educate me if I am in error.



posted on Jan, 6 2009 @ 02:56 PM
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I'm with you, Max. I don't know of any legal avenue that can be taken to block Burris. I'm sure he'll take it to court, which is his right. It's amazing that the law has taken a back seat to political sideshows. :shk:



posted on Jan, 7 2009 @ 10:57 AM
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Today, on Cnn, the Jr. Senator replacement from Illinois has been accepted in.

That said, the Senate did the right thing.

He did not have the correct paperwork, that is all the required signatures.

The speaker of the state of Illinois is who should have top explain for "possibly" not following the rules.

The senate did follow the proper rules.



posted on Jan, 7 2009 @ 11:10 AM
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Originally posted by mrmonsoon
He did not have the correct paperwork, that is all the required signatures.


This Video shows the actual requirements (Senate Rule 2). The Senate was wrong.



posted on Jan, 7 2009 @ 11:14 AM
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I wonder what Burris will have to do for Blago after Blago loses his own job when and if he's impeached? This is still a can of worms. I would think he could stand in until a special election is held after the deal with Blago is over.



posted on Jan, 7 2009 @ 11:14 AM
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As soon as the Secretary of State signs his paperwok the guy will be the new Senate member from the state of Illinois. Looks like it's the law and it looks like the senate will have to accept him. Otherwise, they'll be breaking the law. I understand they are steamed at Blago, but if they don't let him in they THEY (the senate) will be breaking the law.



posted on Jan, 7 2009 @ 12:08 PM
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Originally posted by Benevolent Heretic

Originally posted by mrmonsoon
He did not have the correct paperwork, that is all the required signatures.


This Video shows the actual requirements (Senate Rule 2). The Senate was wrong.


ok BT.

I stand, er sit corrected.

Thanks for the link to the law.




Glad your keeping me honest.



posted on Jan, 7 2009 @ 12:44 PM
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Are there any Internet sites reporting that he's been seated? I can find any.



posted on Jan, 7 2009 @ 02:15 PM
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As of yet, Ii have no links.

I did see on CNN, that he was allowed in and seated.

I know, I know, what I saw is not proof, I am still working on links.



posted on Jan, 7 2009 @ 02:30 PM
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he has not been seated in the senate yet.


Reid said the Senate was awaiting that court ruling by the state court that tests whether the White has to put his signature on Burris' letter of appointment.


link

and the Secretary of State is responsible to make sure anyone elected or appointed to the senate, house or Potus is eligible to hold the office. and without the Secretary of State signature on the certification papers. the appointment or election is not valid!

It wouldn't suprise me if the courts rule against Mr. Burris in this case unless he can prove he made absolutely no favors to the Governor to be appointed to the senate.

[edit on 1/7/2009 by Mercenary2007]



posted on Jan, 7 2009 @ 05:47 PM
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Mercenary, your link does not contain the excerpt in your external quotes box...



Originally posted by Mercenary2007
and the Secretary of State is responsible to make sure anyone elected or appointed to the senate, house or Potus is eligible to hold the office. and without the Secretary of State signature on the certification papers. the appointment or election is not valid!


Do you have a link for that information? Because I haven't seen that anywhere. The Sec'y of State is simply a second signature on the form, if they choose to use it.

Burris' certificate of appointment is missing the signature of Illinois' Sec'y of State, Jesse White, and that's the stated reason that he was not seated, citing Senate Rule II. But Senate Rule II actually says the following:



3. The Secretary of the Senate shall send copies of the following recommended forms to the governor and secretary of state of each State wherein an election is about to take place or an appointment is to be made so that they may use such forms if they see fit.

THE RECOMMENDED FORMS FOR CERTIFICATE OF ELECTION AND CERTIFICATE OF APPOINTMENT ARE AS FOLLOWS:


So, it doesn't sound like this form is even required at all, simply recommended, if they see fit.

It says the Secretary shall keep a RECORD of the certificate of appointment and the name of the secretary of state (who signed the form), but doesn't require that the form is even signed.

Like it or not, Blago is the governor of Illinois. Every day, he continues to do his job as governor. Unless we nullify all of the actions he's taken as the governor of Illinois since he has been arrested, I can't see picking out this one action and claiming that it's somehow not within his power.




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