Tuesday, January 06, 2009

First Take on Obama's Largest Obstacle...the Democrats

Although the Obama transition has run into a few glitches - such as the Richardson appointment - it has thus far gone smoothly. However, the recent fiasco regarding Obama's replacement for his Senate seat perhaps points to what, I believe, will be the greatest obstacle to his message of "change," namely established "pols" within his own party.

Skipping for the moment the coming headaches concerning Schumer, Dodd, et al over how to effectively regulate Wall Street and the Rockefeller, Feinstein lukewarm response to Leon Panetta's probable appointment as head of the CIA, the event that illustrates this most clearly is Harry Reid's stance on the Blagojevich appointment of Burris to Obama's Senate seat. Reid's approach to representation is one of "party power politics" versus the rule of law and Democrats would be wise to remove him as their majority leader, seat Burris and leave Blagojevich to his fate within the Judicial system and probable impeachment by the Illinois State Legislature.

Reid's action to block Burris from the Illinois Senate seat portends the setting of an extraordinary precedent - i.e. the assumption that the Senate decides its own composition.

In doing so, Reid has singlehandedly elevated an albeit messy scandal to a matter of Constitutional principle.

Generally, States fill Congressional seats that become vacant between elections either through special elections or Governor appointment. In Illinois, under current law, it is the latter. Despite Blagojevich's impending indictment and probable impeachment, no one has argued that potential future removal from office eliminates his current powers. Indeed, one might make an argument that since removal from office may be accomplished only by either election or impeachment, he might well continue his Governorship from a jail cell. Thus, the combination of the Illinois Legislature's failure to act promptly in either impeachment or changing the appointment process prior to Burris' appointment and Reid's action have effectively overturned Illinois law and the democratic process.

Obama is probably recalling the old clique, "with friends like this, I don't need enemies."

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