Will Gov. Blagojevich appoint his wife to fill Senate seat?

By Richard Henry Lee

Gov. Blagojevich has few options left to cash in on Obama's vacant Senate seat now that he was arrested for trying to auction it off. But he still has the power to appoint anyone he wishes as long as they meet the minimum Constitutional requirements of 30 years of age, a US Citizen for nine years and an inhabitant of the state. The Governor could then appoint his wife, Patti, and she could earn $169,300 per year plus expenses.

Senate Majority Leader Harry Reid has promised to block any Senate appointment by the Governor presumably under Section 5 of the US Constitution which states "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members." As the Chicago Tribune points out, the US Supreme Court has ruled in Powell v McCormick that the House or Senate can only consider the Constitutional requirements when making that determination. Since Patti meets the requirements, she would be seated.

The Senate could then try to expel Senator Patti Blagojevich under also under Section 5 of the Constitution where it states "Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member." But this implies that Patti would have to do something wrong in order to be expelled. Prior to her Senate service, she has done nothing wrong (or at least she has not been charged yet). As long as Patti behaves in the Senate, there would be no grounds for the Senate to expel her. If it did, that would set a dangerous precedent.

The Illinois legislature could try to rush some legislation through to prevent Blagojevich from appointing someone, but that takes too much time.

It may be a chilly reception on the Senate floor, but hey, the Blagojevich family needs the money and this is the Chicago way.