This week6 term U.S. Representative John M. Shimkus, (IL) R-Collinsville and freshman U.S. Representative Aaron Schock, (IL) R-Peoria failed to do what they swore and oath to do just a few short weeks ago:

“I… do solemnly swear that I will support and defend the Constitution of the Unit  States…; that I will bear true faith and allegiance to the same…”

They both have already broken this sacred oath as they cosponsored H.B. 899 (the text of the bill has not yet been received at the Library of Congress).  The gist of the bill, as reported by the local media outlets and the Peoria Journal Star, would force states to hold special elections in the event that a Senate seat is vacated.  This is in response to former Illinois Governor Rod Blogojevich’s alleged attempt to sell now President Obama’s Senate seat to the highest bidder.

This bill flies in the face of our Constitution.

From the Seventeenth Amendment:

“When vacancies happen in the representation of any State in the Senate, the executive authority of such 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.”

In other words, the Constitution specifically mandates that governors call for special elections in the event of a Senate vacancy, unless a state grants their governor the ability to appoint.  Governors appointing Congressional vacancies (either house) is a tradition that goes back prior to the ratification of the Seventeenth Amendment to Article I, Sec. 3, where governors could make appointments to fill vacancies if their state legislatures were not in session.  If an appointment had been made, the state legislature would then confirm the appointment or call for a special election (the appointment stood until after the special election).

It appears that the Illinois Congressmen either don’t know and understand the Constitution or have no respect for it.  Or perhaps a little of both.  Again H.B. 899 would force states to hold costly special elections.  As reported in the Journal Star “The Ethical and Legal Elections for Congressional Transitions (ELECT) Act also would provide a 50-50 cost-share between the states and federal governments to pay for the special election.”  In other words, taxpayers from a state holding a special election would be responsible for one half the cost of the election, while every other American taxpayer would be responsible for the other half.  Apparently Shimkus and Schock believe they understand the financial status and responsibilities  of all fifty states along with the wishes of all the voters in every state to make this bold move.  Even though all but sixteen states have given the power to appoint to their governor.  There are sixteen states that have provisions for special elections, but only five of those states make special elections mandatory.  Shimkus and Schock must also believe that every other state is as politically messed up as Illinois and the only thing that can be done it to usurp the Constitution and the sovereign rights of every state.

H.B. 899 may be well intended, ie. to keep another Blagojevich situation from happening.  Blagojevich’s alleged selling of a Senate seat was the catalyst that led to his impeachment.  However, he was impeached for things he did during his first term, four to five years earlier.  If the Illinois General Assembly had been doing their job back then, there would be not Senate seat selling controversy.  Here’s the kicker: U.S. Rep. Schock was Il State Rep. Schock during most of that time.  Had Arron Schock and the rest of the Illinois House understood the importance of their duty as a check and balance against a rouge governor, as well as the check and balance of the governor to Congress, Illinois would not be the scourge of the country.

It is essential that those who would serve in public office fully understand their duties and responsibilities before they seek election.  More importantly though, it is the duty and responsibility of every American to know the same.  Only then can we truly expect more from those whom we chose to govern us.

Please Contact the Representatives and ask them to remove their names from H.B. 899:

Arron Schock 18th District (IL)

Phone: (202) 225-6201

509 Cannon HOB

Washington, DC 2051

or email using the form here

John Shimkus 19th District (IL)

Phone: (202) 225-5271

2452 Rayburn House Office Building
Washington, DC 20515

or email using the form here

This entry was posted on Friday, February 6th, 2009 at 11:38 pm and is filed under Constitutional Issues, Illinois Politics. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.