Campaign Crawlers
The Battle of Burris
Rod Blagojevich’s ploy to use identity politics against his fellow Democrats.
Illinois Gov. Rod Blagojevich may not have the most finely developed code of ethics, but his sense of the dramatic is impeccable. Clinging desperately to his hold on power, which has been tenuous since his arrest on federal corruption charges on Dec. 9, Blagojevich has not merely tried to fill the vacant Senate seat he stands accused of trying to sell to the highest bidder. He has begun a showdown with his own Democratic Party that threatens to divide it along the dangerous fault line of race.
The stage was set when Blagojevich announced that he had chosen Roland Burris to replace Barack Obama as the state’s junior senator. Burris, a former state comptroller and attorney general, was the first black elected to statewide office in Illinois. Obama was the Senate’s only black member; Burris’s appointment would ensure that the seat continued to be held by an African-American, as it has been for nearly ten of the last sixteen years.
To make sure that this symbolism was not lost on anyone watching, Illinois Congressman Bobby Rush, the former Black Panther, also attended the Blagojevich-Burris press conference. He not too subtly warned his colleagues “not to hang or lynch the appointee as you try to castigate the appointer.”
On Sunday, Rush held a rousing sendoff for Burris with dozens of black leaders and ministers at the New Covenant Church on Chicago’s South Side. Rush blasted the Senate as “the last bastion of plantation politics,” saying blacks had been “excluded systematically for too long.” Bishop Simon Gordon concurred, “The U.S. Senate must reflect all of America.”
According to the Associated Press, “Burris took the stage to a crescendo of drums, organ music and applause as hundreds of supporters cheered his appointment.” At the pulpit Burris said, “We are hoping and praying that they will not be able to deny what the Lord has ordained.”
If the Lord has ordained a racially tinged political conflict with the potential to overshadow the new Congress’s opening, He won’t be denied. Burris landed in the Washington area on Monday as he prepared for a confrontation with the Senate’s Democratic leadership over whether he should be seated. “This is all politics and theater,” the New York Times quoted him as saying, “but I am the junior senator according to every law book in the nation.”
But not the Senate’s rulebook, which requires a valid certificate of appointment. As of late Monday night, Senate officials were insisting that his paperwork did not meet this standard. A spokeswoman for the secretary of the Senate told reporters, “We received [the paperwork] this morning… the parliamentarian reviewed it, and we’ve advised Mr. Burris’ staff that it does not conform with Senate Rule 2.”
Under Article I, Section 5 of the Constitution, each house of Congress serves as “the Judge of the Elections, Returns, and Qualifications of its own members.” But that power is not limitless: the Supreme Court ruled against the House when it refused to seat corrupted Congressman Adam Clayton Powell. Powell had won a fair election while the Senate leadership argues that Blagojevich’s appointment process itself was irredeemably tainted by the federal corruption charges.
Except that no one is alleging that anything is tainted about the specific appointment of Roland Burris. Senate Majority Leader Harry Reid himself said on NBC, “I don’t know a thing wrong with Mr. Burris.” The Illinois secretary of state, Jesse White, has given them an out by refusing to cosign the certificate of appointment with Governor Blagojevich.
Whether the Senate leadership is technically correct that it can refuse to seat Burris — Akhil Reed Amar and Josh Chafetz make a good case for the yes position, Stephen Chapman for no — the Democrats face a political dilemma that results from their party’s predilection for identity politics and bean-counting. Blagojevich is using a weapon members of his party have long brandished against Republicans.
Blagojevich’s office has told the press that the Senate majority leader advised against picking either Illinois Reps. Jesse Jackson Jr. or Danny Davis, who are black, in favor of Lisa Madigan, who is white and the daughter of the Illinois house speaker, and Tammy Duckworth, who is an Asian-American. “I think the governor thinks that it shows that Harry Reid may have a horse in this race, and it’s not Roland Burris,” Blagojevich’s spokesman said of the conversations. And not until the night before the new senators were to be sworn in did Senate Democrats ever suggest they might delay seating Al Franken if a Norm Coleman challenge kept him from receiving a valid certificate of election.
Of course, such playing of the race card is unfair. A Senate Democratic leader has every right to lobby for the Democrat he thinks is best positioned to win an election, regardless of race. The Illinois secretary of state refusing to go along with Blagojevich’s Senate appointment is black. But liberal Democrats have long played these kinds of identity politics games, including Burris himself, who once referred to gubernatorial primary opponents as “nonqualified white boys.”
Pat Buchanan recently argued that Blagojevich and Burris are merely challenging white liberal Democrats to practice what they preach by forgoing Senate seats themselves to build a Congress that looks like America. “That would be liberals leading by example, not exhortation,” he wrote. How they handle the Blago-Burris bombshell will also be an example of what kind of liberal leadership we can expect.
About the Author
W. James Antle, III, author of the new book Devouring Freedom: Can Big Government Ever Be Stopped?, is editor of the Daily Caller News Foundation and a senior editor of The American Spectator. You can follow him on Twitter @jimantle.
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Dissenting Justice | 1.6.09 @ 6:50AM
I would not say that the decision to exclude Burris is "racist," but it violates the 17th Amendment and prior caselaw. The "taint" argument that Reid and company advances also betrays liberal principles that promote fairness, a presumption of innocence, and which reject Kangaroo justice.
Blagojevich might in fact have committed a crime or engaged in wrongdoing, but unless this is proven, then he remains the governor, and Reid should back down. Besides, there are far more important issues to deal with. Democrats have acted shamelessly on this issue. When Patrick Buchanan respects liberal principles more than Democrats, we know there is a problem.
http://dissentingjustice.blogspot.com/2009/01/so-when-exactly-does-change-arrive.html
Sherry| 1.6.09 @ 7:59AM
I just feel sick for the people of Chicago. There should be a special election, period.
Everyone is blaming this on Blago when in fact the door was left open by the Dems and he simply walked through it. They were scared to have an election and feel so powerful right now that them just telling Blago "don't do it" would be enough. Who would dare to go against the Dems!
As far as the race card, this lies squarely on the shoulders of Rush. If anyone else had made his inflammatory comments everyone's heads would have blown off.
What happened to the best person for the job? This is what affirmative action has gotten us and we should overturn any action that has turned us into a country of victims.
ncatty| 1.6.09 @ 9:56AM
As if the fate of the country depends on quickly filling one, two or 98 vacancies in the US Senate. A herd of horses from Maryland's Eastern Shore would serve as well. That would be diversity!
stmichrick| 1.6.09 @ 11:07AM
Illinois Democrat voters: YOU ARE NOW REAPING WHAT YOU'VE SOWN!
Great political theater as liberals stumble over their corruption and political correctness!
Gerard| 1.6.09 @ 1:01PM
Ditto to stmichrick. Let me be so bold to say that the mirth and merriment would not be nearly as glorious if Senator McCain captured the Presidency. The absolutely delicious irony of the Senate Majority Leader denying admittance to an African-American- 100 times more qualified than Mrs. Schlossberg- is one that may reverberate throughout Black America. It has long traumatized white conservatives like myself- completely comfortable interacting with our brethren of color- to see them blindly following any and all Democratic directives, despite the destruction inflicted on many black folks by welfare, bad public schools, and other forms of benign neglect. It is abundantly clear that Mr. Burris deserved to be seated, not humiliated. Although I will not counsel otherwise to Senator Reid. I choose not to spoil the fun.
stmichrick| 1.6.09 @ 1:30PM
Gerard:
He's more qualified than Caroline Schlossberg OR Barack Obama.
Identity politics in a bunch!
Sherry| 1.6.09 @ 2:05PM
Gotta love this - Obama forgot about a couple of meetings with Blago and it's in writing!!!
http://www.judicialwatch.org/documents/2009/BlagojevichFOIAresponse122408.pdf
Interloper| 1.6.09 @ 2:41PM
As I said on a different thread yesterday, claims of
Sen. Reid having said this or that to Gov. Blagojevich are third hand at best. They may make good grist to feed the boobs, but will turn out to be inaccurate or meaningless.
The real story is that there is no legal basis to refuse to seat a candidate appointed by a governor who has the power to make the appointment.
The 'race' red herring will turn out to be much ado about nothing.
Sherry| 1.6.09 @ 3:39PM
Interloper:
The 'race' red herring shouldn't turn into much ado about nothing. This excuse should be brought to the forefront of the conversation and an end should be put to this weapon.
"PC" is only applicable to certain portions of our country. It seems when you're a Chicago politician such as Rush and his buddies you can get air time saying anything you'd like. If anyone else had made the comments about lynching and racism - everyone's heads would have blown off.
How do you think the Senate would have responded if David Duke had stood in front of a mic and made these types of comments? Do you think members would have rallying around him? Do you think the Senate would have felt pressured to give him his way? This is the ultimate double standard. The Black Panthers are nothing more than a black KKK - it's ridiculous the way we bow to them.
"PC" has turned into an effort to limit our free speech/thought. It's time for us to start standing up and calling bullshit.
DaveS| 1.6.09 @ 6:04PM
I am not a lawyer, but I just cannot see what statute he violated. People talk about breaking the law all the time; neither has the divulged information shown that he instructed anyone to break the law. Yes, we do not know what else is on the tapes. I hope Fitz really has something because, if he doesn't, he has aided and abetted the Chicago Way. His removal will be political only. Therefore, I think Burris should be seated since Blag IS governor and Burris has no disqualifying personal issues.
Interloper| 1.6.09 @ 8:18PM
Diane Feinstein, head of the Senate rules committee is now backing Roland Burris. Reid, in his only public statements, has acknowledged a compromise is possible that would allow Burris to be seated. I suspect this will be resolved within a couple of weeks without any of the drama the far Right wishes to see.
The most amusing political stories I read today were about the RNC chairman meeting at which all six of the office seekers sounded like echoes of each other. It is sad when Republicans are asked about a Republican president they admire and all are afraid to say Lincoln, possibly the most admirable of all chief executives of this country.
len| 1.6.09 @ 8:34PM
Just a thought, where's Dick Cheney, the real President of the Senate?
DaveS| 1.6.09 @ 10:15PM
It's not merely drama when the Senate could simply refuse to seat anyone it did not desire to sit. Worse, the Burris turn-away was not due to any Senate voting action -'just' and 'merely' heavy-handedness by the 'leadership' of that increasingly comical body (even without Franken in tow.)
Interloper| 1.7.09 @ 9:18AM
Reid spoke before checking the legal authority, DaveS. Now, he has no choice but to backpedal. His efforts to save face will have a short shelf life.
Tim| 1.7.09 @ 10:14AM
If "Blago" was a republican, he would have been stripped of the authority to appoint anyone period.
But because the Dems(correctly) feared that Obama's seat would go to a Republican, the Illinois Democratic machine figured a fool proof way to keep the seat in their control and blame the tarnished "Blago" who is going to be gone anyway.
Not Great, but a real good Con Job,
I am just a little surprised that the Illinois republican contigency just sat on their hands and allowed "Blago" to make this brilliant chess move and didn't press very hard in the media prior to his move that he could not appoint anyone.
The burris pick was a brilliant move that assures a democratic will have the seat.
Welcome to Chicago Politics. All the other drama was and is good old fashion, smoke and mirrors.
Interloper| 1.7.09 @ 12:09PM
The law in Illinois is that the governor selects a replacement for an empty seat in the U.S. Senate. Calling an election, without first changing the law (which is dubious with a sitting governor who still has his full powers) is not legally permissible.
The history of corruption in the state is bipartisan. So, saying appointing or electing a Republican would avoid the taint is far from true.
Tim| 1.7.09 @ 1:14PM
And since we all agree that(Chicago) Illinois has been a rigged town since way before the throwing of the 1919 World Series then perhaps Obama deserves to be crowned "King" on January 20th, 2009 and not just take a simple oath of office which is reserved to your average mortal.
Because, if it is true as some have suggested that he is the "one" true agent of real change and has been above this bipartisan corruption and he never saw anything bad nor was he around anything bad when it happened or even ever heard anything bad being ever said then he would be a rare human being indeed and would be what legends are made of.
"King Arthur" and the Knights of the Round Table comes to mind.
But who will be Obama's "First Knight?"
Interloper| 1.7.09 @ 3:28PM
"But who will be Obama's "First Knight?""
Karl Rove has other fish to fry before congressional committees. Dick Cheney will be sitting in his castle counting his Halliburton coins.
And, unfortunately, the Democrats do not have folks experienced in the role.
Kat| 1.7.09 @ 4:46PM
Dick Cheney and his Halliburton coins are chump change compared to liberal corruption. Money is everything to these demo thieves.
Black Knight| 1.8.09 @ 10:37AM
Any senator not handpicked by the SEIU suits me fine. Hail Blago!
Michele San Pietro| 1.8.09 @ 5:51PM
Blagojevich should resign. Only dictators don't do it in a situation like his.
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