Illinois v. United States Senate: Sargeant-at-arms and Secretary of US Senate Disenfranchise the State of Illinois

06 Jan

Filed Under Barack Obama, Rod Blagojevich, Roland Burris | 1 Comment

Does the United States Senate have a lawful duty to seat unindicted Illinois Governor Rod Blagojevich’s appointed and Illinois Legislature designated United States Senator Roland Burris? Judge for yourself. The relevant law:

United States Constitution

Article I

Section 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Section 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

Section 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Illinois Statute*

Illinois Compiled Statutes Chapter 10 Section 5 Article 25 (from Ch. 46, par. 25-8)

Sec. 25-8 (10 ILCS 5/25-8). When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election.

* Expression of the Illinois Legislature’s rights under Article I, Section 3.

Seems simple enough.

Why does this matter? Why does it matter that the the Secretary of the Senate and the Sargeant-at-arms of the Senate, both non-Constitutional officers, are intimidating a United States Senator from taking their place in the Senate Chamber? Well… why do elections matter? Why does the Constitution matter? They didn’t matter in Saddam Hussein’s Iraq.