The Daily Parker

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Dillweed in a pickle

The Illinois Supreme Court denied Roland Burris' motion to compel Secretary of State Jesse White to sign Burris' appointment to the U.S. Senate. The court said, in essence, we can't compel him to perform a ceremonial function:

"Because the secretary of state had no duty ... to sign and affix the state seal to the document issued by the governor appointing Roland Burris to the United States Senate, petitioners are not entitled to an order from this court requiring the secretary to perform those acts," the high court wrote in its opinion. "Under the secretary of state act, the secretary's sole responsibility was to register the appointment, which he did."

Now, this presents a problem. Under the 200-year-old case of Marbury v. Madison, it's possible that the U.S. Courts can't compel the Senate to seat Burris, even though the Illinois Court says the appointment is legal under state law. I'm not a Constitutional scholar by any stretch. The President-Elect is, however, so it will be interesting to hear his opinion on where Burris stands (or sits) now that his state-level appeals are finished.

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