As an Illinoisan, I am mightily P.O.'d at how the whole Blagojevich/Burris affair has been handled.
From day one, I have argued that the Illinois legislature should have called for a special election. However the national Democratic Party and local Dems decided it was too risky and better to have the devil you know than the devil you don't, despite an overwhelming cry for special elections by the Illinois citizenry.
Predictably, we have the mess we are currently dealing with. Follow me below the fold for a possible solution...
Here's the pertinent text of the Seventeenth Amendment to the US Constitution that allowed for Blago to appoint Burris:
When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
Now, let's be clear here. The 17th Amendment unmistakably allows 2 choices to states. Choice one directs the executive (Govenor) to call for a special election.
Alternatively, the state legislature may allow the Governor to make a temporary appointment, until the vacancy is filled by election.
Did anyone see that word? TEMPORARY?
By definition, the Burris appointment by Blagojevich is a temporary one! There is absolutely no reason the Legislature of the State of Illinois cannot still call for a special election!
It is clear to me that, absent any new evidence of wrongdoing on his part, Burris will not vacate the seat willingly. He has a lifetime of service to Illinoisans that would be besmirched by doing so. (Not to mention a mausoleum that would have to be re-designed!)
What is also clear to me is that the only solution that allows Burris to save face and for the people of Illinois to be represented by someone untainted by the Blago mess is for the Illinois State Legislature to do the right thing and call for a special election to fill the seat. Now.
I'll donate $10 to start the ball rolling! Whatever a special election might cost, it would be worth it!
Email/call Harry Reid (and even the Prez himself!) and ask him to suggest this solution to the Illinois legislature. He might just like this way out.