Rejecting Burris: Democrats do battle over Blagojevich's appointment of Roland Burris to fill Obama's Senate seat

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FoxNews.com: Not So Fast? Campaign to Contain Blagojevich Hits Roadblocks

The question everyone in Washington and Chicago has on their minds this New Years Eve is whether or not the Senate Democrats, led by Senate Majority Leader Harry Reid, have the authority under the Constitution to reject the appointment of Roland Burris to fill Barack Obama's vacated seat by Illinois Governor Rod Blogojevich? 

I am of the opinion that Senator Reid and his fellow Democratic Senators would be well within their rights under Article 1, Section 5 of the US Constitution, which states each chamber "shall be the judge of the elections, returns and qualifications of its own members", to reject Mr. Burris when Congress reconvenes after the first of the year.

There are several constitutional provisions which the Majority Leader can use to prevent Burris from being seated, but it is unclear which makes the most sense considering the extenuating circumstances of the federal investigation into the integrity of the appointment process and the pay-to-play politics practiced by the Blagojevich administration. In his defense, the Illinois Governor and Burris can cite recent precedent of the courts rejecting such measures by Congressional leaders to assert such authority.

Adam Clayton Powell Jr. (See photo on right)  was refused his seat in the chamber in 1967 over corruption allegations, but the Supreme Court overruled the House of Representatives, finding the lower house was in violation of its constitutional authority when refusing to seat a member elected and qualified to serve. Reid rightly argues the Powell case does not apply under the current circumstances because the candidate is himself not questioned, but rather the integrity of the process itself that was in question.  It seems clear that Blago chose a man well qualified and fit to serve as Illinois' junior senator, but Burris was not elected by the voters of Illinois.  Ultimately, the question will be the conduct of the governor, making this appointment now under a cloud of suspicion stemming from the highly publicized federal investigation into his corrupt way of conducting business.

It is unclear how the president-elect feels about the situation as Obama takes a much deserved vacation in Honolulu, but I would bet he will probably want to put this whole ordeal behind him and his administration as quickly as possible.  He and Burris are close political allies and Burris does not carry a lot of political bagage himself, so if the former-Illinois Comptroller and Attorney General can charm the brass on Capitol Hill, Barack may be able to give him the political leverage he needs to secure his place in the upper chamber of the legislative branch.

Meanwhile the Federal prosecutor has filed for a rare 90-day extension of the Blagojevich grand jury, so maybe the drama won't be so easily put behind the president-elect as he seeks to implement his agenda in the first 100 days of his administration. That said, he does already have a near filibuster-proof majority with or without Burris, so the newly inaugurated President Obama better take care of it fast if he hopes to keep it from becoming a convenient distraction as the Governor continues to drag Chicago politics to even lower lows.

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Muckety Maps: Cool new tool for mapping social networks of major power players by disecting public information intelligently

Here is a sample Muckety Map I made upon seeing Andrew McKenna, Chairman of the Illinois GOP on the list of 100 Most Infuencial individuals in Chicago, along with his father Andrew McKenna Sr.  It becomes immediately obious why the McKenna name turns up associated with everything from the Cubs to McDonalds.  Andew's daughters were high school classmates of mine and he is still the CEO/President of Schwartz Paper, one of the 2-3 largest corporations based in my hometown of Morton Grove, IL, so few men are more influential in my neighborhood.  Check out the high-rollers in your neighborhoods.

Tech Tags: muckety networks webapp

Dan Proft on Chicago Tonight: Gambling with our children's future...

Illinois becomes 19th state to ban smoking...

Illinois House passes statewide smoking ban - News

It appears as if the ban passed by the Illinois State House of Representatives on smoking in all public facilities and places of business will be signed by Governor Blajokavich, nullifying local referendum that have issued similar bans and bringing the entire state under one system. Illinois is the 19th state to pass a statewide smoking ban. Already the legislation has provoked an impassioned response on both sides.

In a letter to the editor published in the Commentary section of the Sunday Chicago Sun-Times, Timothy J. Barhum of Palos Park presents a well crafted jab at the "Dorthy Dogooders" whom he thanks mockingly offers, "Congratulations on taking away my choice and totally ignoring my rights as a citizen." Barhum concedes that as a smoker of 42 years, he is as aware as anyone that smoking is not good for one's health, but effectively counters with the argument that it is not illegal (at least not yet) and the taxes levied on the sale of tobacco fill the tight margins of the politicians pork barrel spending programs. For Barhum, it is obvious that public places, offices and most workspaces should be nonsmoking, but going to a bar or restaurant is a choice, and the "twenty-four percent of the population that smokes can no longer go out to dinner or have a drink with friends and family and relax with a smoke because your (non-smoker's) rights are obviously more important than mine, and I guess we can't have both because you have decided for all of us."

To me this is an issue and cause which should be pressed and protested creatively. My friend suggested an interesting strategy for subverting the new smoking law when we were talking the other night. Sean insisted that the best option available to small business owners who fear the impact of the legislation on their business is to make restaurants and bars "private clubs", but with a less exclusive membership policy than would be typical. For example, restaurants could sell one-day memberships, or monthly/yearly passes, so the smokers can cultivate their own subculture that doesn't trample on the lifestyles of their fascist-minded, intolerant, non-smoking neighbors.

I am of a similar opinion as that voiced by Mr. Barhum in his open letter to the editor of the Sun-Times, that all establishments in the food and bar industry should be given the option, but forced to choose and advertise as chosen. I cannot understand why non-smokers can't just stay away from places that reject their snobbish disregard for the liberty of the minority and diluted concept that they have a right to impose communal health initiatives. It is beyond question, in my opinion, that laws banning smoking in public places which are justified as measures taken to protect the health of citizens who already choose to not smoke, are tantamount to the fascism that tormented the world in the first half of the 20th century.

Tags: Illinois Politics, Smoker's Rights, Chicago, Smoking Ban, Illinois, Chicago Sun-Times