Cairo Association of Teachers - Newsletter

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CAT Tracks for December 12, 2008
IL CONSTITUTION 101 |
Lots of speculation on the Rod Blagojevich mess...
- He should resign.
- If he doesn't resign, the General Assembly should impeach and remove him.
- The General Assembly should pass a law taking away the power of the Governor to appoint a replacement for Barack Obama's vacated Senate seat.
- The General Assembly should pass a law setting up a special election of pick the replacement for Barack Obama's vacated Senate seat.
- If Blagojevich defiantly makes an appointment, the U.S. Senate stands ready to block the move...to refuse to seat the appointee.
- IL Attorney General wants to have the IL Supreme Court to declare Blagojevich "unfit", "disabled", whatever.
My two cents...
Might as well take the above points in order:
- Resign? Yes, he should...and probably will. Even Nixon did when he saw the writing on the wall...and the pictures of the former presidents hanging on the White House walls told him that it was the best course...
- Impeach him? Yes, they should. Until they start the process, he will think he can hang on forever. This is the best bet...force him to resign under the threat of impeachment (just like with Nixon on the national level.) If he refuses to resign, impeach and remove. They could get it all done next week! Oh, sure...there will be lawsuits, but this would stand a better chance of being defended...since it's in accordance with the IL Constitution, instead of the other various scenarios.
- "The General Assembly should pass a law..." - Forget about it. Can't change the Constitution with a law...takes a Constitutional Amemdment...which would take forever.
- "The General Assembly should pass a law..." - Again, forget about it. Same reason. The IL Constitution gives the sole power of replacement to the Governor...whoever he may be at the time.
- The U.S. Senate should block any appointment by Blagojevich? Big lawsuit and they will probably lose. Yes, under the U.S. Constitution, the Senate is the "sole judge of the qualifications of its members." So, the Senate would deny seating Blagojevich's replacement on the grounds that, what? That the appointee was appointed by a crook? By a nut? That the appointee might be a crook? You've heard the saying "been there, done that"? There is a U.S. Supreme Court decision in place on this very topic. The U.S. House of Representatives refused to seat Adam Clayton Powell, re-elected from New York...even though he was under indictment in his home district...could not even go back to campaign for re-election for fear of being arrested. (He still got like 80% of the vote...his constituents used the reasoning that "Yes, he's a crook...but he's our crook...he takes care of us...needs to be a crook to stand a chance against the rest of the crooks in Congress!") The U.S. Supreme Court ruled in Powell's favor...that the only "qualifications" that the House had "sole power" over were the ones listed in the U.S. Constitution - i.e. U.S. citizenship, age, and residence. "Character" cannot be used to deny seating. (Actually, there is "an out" in the event that Blagojevich goes ahead and makes the appointment. The Senate should seat the appointee and then move immediately to expel her/him by a two-thirds vote!) Also...just to cover all bases...the U.S. Supreme Court could go against the precedence of the above case...allow the U.S. Senate to use character in this case. Whatever the Supreme Court says...goes. I mean, the U.S. Supreme Court allowed itself to pick the President of the United States back in 2000...
- The IL Attorney General and IL Supreme Court declaring the Governor "unfit" or "disabled"? Puuulease! Talk about lawsuits...
So...the way out of this mess?
Let impeachment proceedings begin...TODAY! (Of course, they have a problem there also...what was the Governor's crime? Remember...innocent until proven guilty!)
However, it might force a resignation...
Ahhhhh...I needed that! Been a few years since I got to give a Government lecture!!!
PS: For my former students who have continued doing their "homework"...the Current Events Quiz will be sometime next week. Can't tell you exactly what day...remember...it was always a POP quiz! ;-)