# Governor Blagojevich Arrested, What Now?

**URL:** <https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396>\
**Category:** Great Debates\
**Created:** [December 9, 2008, 3:36pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396 "2008-12-09T15:36:49Z")\
**Posts on this page:** 20\
**Page:** 18

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [December 31, 2008, 2:00am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/341 "2008-12-31T02:00:45Z")

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> [@Mr.Moto](#):
>
> **RTFirefly** mentioned this above - while this is a power it isn’t an absolute one.

I understand that, and they do have to follow their own rules here. But I have no problem with the Senate turning Burris down by whatever means are at their disposal.

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**Author:** ![Captain\_Carrot](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@Captain\_Carrot](https://boards.straightdope.com/u/Captain_Carrot)\
**Post date:** [December 31, 2008, 2:24am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/342 "2008-12-31T02:24:09Z")

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> [@Mr.Moto](#):
>
> **RTFirefly** mentioned this above - while this is a power it isn’t an absolute one.
> 
> From my reading of the Powell case, the Senate can kick out a member, but they can’t refuse to seat him - and they certainly can’t kick him out without holding a vote. Said vote has to carry by two-thirds, and that is a higher standard to meet than the Democratic delegation merely saying they won’t take him.

I don’t think this is an analogous case, though. Powell was fairly elected, he was just also a corrupt slimebag. The House tried to refuse to seat him on those grounds. The Senate would be claiming that his appointment was illegitimate, so Burris has no right to be in that chamber.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [December 31, 2008, 3:29am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/343 "2008-12-31T03:29:23Z")

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> [@Mr.Moto](#):
>
> **RTFirefly** mentioned this above - while this is a power it isn’t an absolute one.
> 
> From my reading of the Powell case, the Senate can kick out a member, but they can’t refuse to seat him - and they certainly can’t kick him out without holding a vote. Said vote has to carry by two-thirds, and that is a higher standard to meet than the Democratic delegation merely saying they won’t take him.

Surely the GOP would stand behind the Dems on this. Maybe I give them too much credit, but I would love to see a 100-0 vote against seating him. If they can’t legally do that, then how about wording it as an “immediate expulsion” so that if Burrus takes the oath of office, he is automatically expelled and lead out of the chamber by the seargant at arms.

What if the IL legislature rushed through a law saying that a Governor under federal charge of XYZ may not fill a Senate vacancy, and any appointment made before this date that has not been seated by the Senate is hereby null and void, ipso facto uno macto, etc.

They wouldn’t have to mention a special election, or any alternate procedure. Just pass that law to keep Blago from picking this guy.

Any potential problems with either of these scenarios?

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [December 31, 2008, 3:34am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/344 "2008-12-31T03:34:42Z")

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> [@jtgain](#):
>
> Surely the GOP would stand behind the Dems on this.

I’m not sure. I think enough of them would probably choose the integrity of their club over partisan affiliation, but it’s hard to guess.

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**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\
**Post date:** [December 31, 2008, 3:46am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/345 "2008-12-31T03:46:04Z")

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I don’t suppose Burris would simply take his seat and then immediately resign . . .

Santa Clause, Tooth Fairy, Easter Bunny . . .

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**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\
**Post date:** [December 31, 2008, 3:49am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/346 "2008-12-31T03:49:38Z")

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> [@Muffin](#):
>
> I don’t suppose Burris would simply take his seat and then immediately resign . . .
> 
> Santa Clause, Tooth Fairy, Easter Bunny . . .

Even if Burris did that, the decision would still just revert right back to Blagojevich.

I still don’t understand what’s so horrible about Burris or why he’s unacceptable as a Senator.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [December 31, 2008, 3:51am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/347 "2008-12-31T03:51:53Z")

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> [@Diogenes\_the\_Cynic](#):
>
> Even if Burris did that, the decision would still just revert right back to Blagojevich.

Yeah, that wouldn’t do anything. The obligation Blagojevich spoke of is fictional, he’s just angling for something.

> [@](#):
>
> I still don’t understand what’s so horrible about Burris or why he’s unacceptable as a Senator.

Burris isn’t the issue, it’s about the guy appointing him. Blagojevich shouldn’t have his hands on this in any way.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [December 31, 2008, 4:01am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/348 "2008-12-31T04:01:11Z")

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> [@jtgain](#):
>
> What if the IL legislature rushed through a law saying that a Governor under federal charge of XYZ may not fill a Senate vacancy, and any appointment made before this date that has not been seated by the Senate is hereby null and void, ipso facto uno macto, etc.

I don’t know much about Illinois law, but if the governor’s power to appoint a senator derives from the state constitution, then the legislature has no power to pass a mere law restricting it thus.

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**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\
**Post date:** [December 31, 2008, 4:11am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/349 "2008-12-31T04:11:28Z")

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> [@Marley23](#):
>
> Yeah, that wouldn’t do anything. The obligation Blagojevich spoke of is fictional, he’s just angling for something.
> 
> Burris isn’t the issue, it’s about the guy appointing him. Blagojevich shouldn’t have his hands on this in any way.

He hasn’t been convicted of anything. His official actions are all still valid at this point.

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**Author:** ![Captain\_Carrot](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@Captain\_Carrot](https://boards.straightdope.com/u/Captain_Carrot)\
**Post date:** [December 31, 2008, 4:12am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/350 "2008-12-31T04:12:17Z")

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> [@jtgain](#):
>
> Surely the GOP would stand behind the Dems on this. Maybe I give them too much credit, but I would love to see a 100-0 vote against seating him.

If you think about it for a second, you’ll realize why that’s impossible.

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**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\
**Post date:** [December 31, 2008, 4:21am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/351 "2008-12-31T04:21:03Z")

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> [@Captain\_Carrot](#):
>
> If you think about it for a second, you’ll realize why that’s impossible.

Hey, maybe Burris doesn’t like himself much, either…

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**Author:** ![Nars\_Glinley](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nars_glinley/32/8177_2.png) [@Nars\_Glinley](https://boards.straightdope.com/u/Nars_Glinley)\
**Post date:** [December 31, 2008, 4:42am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/352 "2008-12-31T04:42:08Z")

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> [@Diogenes\_the\_Cynic](#):
>
> He hasn’t been convicted of anything. His official actions are all still valid at this point.

Exactly. If the Illinois legislature passes a Sears bailout bill, would his signing of it be illegitimate? Why would an appointment any different?

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [December 31, 2008, 4:57am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/353 "2008-12-31T04:57:20Z")

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To keep it all morally tidy, couldn’t he veto it and then they override the veto? 😉

A short bio of the Senator-designate: [http://politicalticker.blogs.cnn.com/2008/12/30/blagojevich-pick-has-long-political-history/#more-33858](http://politicalticker.blogs.cnn.com/2008/12/30/blagojevich-pick-has-long-political-history/#more-33858)

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [December 31, 2008, 11:54am UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/354 "2008-12-31T11:54:17Z")

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> [@Diogenes\_the\_Cynic](#):
>
> He hasn’t been convicted of anything. His official actions are all still valid at this point.

What’s valid mean, in this context? He’s still the governor and still has the power to make this choice, I agree. That isn’t the point. The point is that he shouldn’t be allowed to have his choice honored, because there is no way to know for sure that he made his choice in an above-board way, and because he shouldn’t hold office at all at this point.

I’m not sure if this is exactly the money that Nate Silver referred to earlier, [but here’s an excerpt from today’s New York Times story on the appointment, which discusses the working relationship between Blagojevich and Burris](http://www.nytimes.com/2008/12/31/us/31illinois.html?hp).

> [@](#):
>
> Mr. Burris and his consulting firm (which has held, he said, at least one state contract) have made contributions to Mr. Blagojevich’s campaign fund, too: more than $9,000 in cash and in-kind contributions from his consulting firm and at least $4,500 from Mr. Burris personally, state records show. In June of this year, the records show, Mr. Burris gave the campaign $1,000.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [December 31, 2008, 12:07pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/355 "2008-12-31T12:07:33Z")

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> [@captain carrot](#):
>
> if you think about it for a second, you’ll realize why that’s impossible.

🙂 99-0

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**Author:** ![lee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lee/32/7455_2.png) [@lee](https://boards.straightdope.com/u/lee)\
**Post date:** [December 31, 2008, 12:43pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/356 "2008-12-31T12:43:51Z")

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> [@jtgain](#):
>
> 🙂 99-0

98-0 or 97-0 is more likely. Franken has not been seated yet, and I doubt we’ll see Ted Kennedy for any vote for which his presence is less than critical for passage.

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**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\
**Post date:** [December 31, 2008, 2:24pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/357 "2008-12-31T14:24:54Z")

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> [@Bricker](#):
>
> I don’t know much about Illinois law, but if the governor’s power to appoint a senator derives from the state constitution, then the legislature has no power to pass a mere law restricting it thus.

The power to appoint senators also derives from state law.

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [December 31, 2008, 2:26pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/358 "2008-12-31T14:26:10Z")

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> [@Diogenes\_the\_Cynic](#):
>
> I still don’t understand what’s so horrible about Burris or why he’s unacceptable as a Senator.

I didn’t either, until I saw [his monument to his own greatness](http://www.politico.com/blogs/thecrypt/1208/Roland_Burriss_Monument_to_Me.html?showall).

I mean, we know just about anyone who makes it to the U.S. Senate has a pretty big ego, but c’mon.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [December 31, 2008, 2:41pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/359 "2008-12-31T14:41:11Z")

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I guess he’ll fit right in…

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**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\
**Post date:** [December 31, 2008, 2:42pm UTC](https://boards.straightdope.com/t/governor-blagojevich-arrested-what-now/476396/360 "2008-12-31T14:42:22Z")

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> [@RTFirefly](#):
>
> I didn’t either, until I saw [his monument to his own greatness](http://www.politico.com/blogs/thecrypt/1208/Roland_Burriss_Monument_to_Me.html?showall).
> 
> I mean, we know just about anyone who makes it to the U.S. Senate has a pretty big ego, but c’mon.

I saw that on Wonkette yesterday but didn’t want to link to that blog because…well, Wonkette isn’t exactly unbiased. I see it’s made Politico, now.

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