But ... So ... And ...
The IL Constitution requires that the sitting governor alone has the power to appoint Pres.-elect Barack Obama's Senate replacement.
Unless Gov. Rod Blagojevich decides to step aside pending a trial, he will name Obama's successor. Or, of course, the state Legislature could move to impeach him.
So ... who would want to be named by that guy? How loaded now is that appointment?
"Thank you, Gov. Blagojevich, for the opportunity to serve the great state of Illinois in the United States Senate ..."
Awkward.
(JS)
I believe Jesse Jackson Jr. is awaiting a call from Gov. Blago.
This posting is incorrect. The Illinois Constitution does not give the Governor the power to appoint a replacement for a vacancy in the U.S. Senate; the Governor's power to do so is found in law: 10 ILCS 5/25‑8, which says:
Sec. 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.
The legislature could revoke that authority by amending the law; but the Governor has sixty days to sign or veto legislation passed by the General Assembly and could simply refuse to take action on it for two months.
Jason @ 3:16 pm
Thank you for clearing that up. Up until your post, it made no sense why Sen. Durbin would call for a statute to be passed by the IL legislature, which would have no effect on a governor's constitutional authority.
But, as you point out, there's still the whole "separation of powers" thing regarding a special election bill, which makes me think the IL Legislature should act NOW to impeach Blagojevich, thus removing him from the equation.
Why not appoint Patrick Fitzgerald to the senate seat?
Why not appoint Patrick Fitzgerald to the senate seat?
Appoint Fitzgerald? Spain went through guys like him during the inquisition.