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The majority of the debate over the selection of Roland Burris has been more "political" versus "legal." When you separate the emotional "political" analysis versus the "legal" analysis, then it is clear to me that Roland Burris will be seated as the next U.S. Senator from Illinois. And as a constitutional lawyer, President-elect Obama and other "experienced" elected leaders should see the same "legal" reality.
First, black leadership can declare a victory in that despite which black candidate they supported, that an overwhelming majority of black leadership publicly supported a qualified black be selected, and the selection of Roland Burris has given this state's collective black leadership a uniquely qualified black candidate in Roland Burris. Whether people wanted a black candidate in particular or "the best" candidate in general, Roland Burris fits the bill.
Back to the "law." The governor called a special session of the Illinois Legislature where they failed to deal with the issue of trying to legally take the appointment power away from the governor or establish any new "legal" basis for the appointment, therefore returning the power back to the governor to follow the law and make the appointment. So despite the "political" and "emotional" debate, the "legal" process called for the sitting governor to make the appointment and that's what the governor did in selecting Roland Burris.
Based on the legal precedent set by the challenge to the seating of New York Congressman Adam Clayton Powell, the U.S. Supreme Court may rule again that no outside criteria other than the legal qualifications set forth in the law can apply. So Roland Burris will indeed be seated as the next Illinois U.S. Senator, by the same law that seated Adam Clayton Powell. Fermon Sessoms, former CEO of the Chicago NAACP, also stated on WVON-AM that the law would be on Roland Burris's side.
With regard to the race factor, white women demanding a white female to replace Hillary Clinton in New York is the same as the overwhelming majority of black leadership demanding a black person replace Barack Obama. We too are part of the "people of Illinois."
The united front of black leadership should be proud at claiming this victory and remember what the majority of legal scholars have stated, including former Illinois Governor Jim Thompson, that the law and historic rulings on this type of legal challenge is on the side of Roland Burris.
The Concerned Clergy of Illinois, a statewide group, has more than 1,000 ministers from across the state that can claim victory in their call for a black senator to replace Obama.
Finally there was a legal scholar on ABC7 News who gave his personal opinion of dislike for the governor, but even he said his personal opinion could not overrule his "legal" opinion that the law would be on the side of Roland Burris becoming the next United States Senator from Illinois.
So based upon my analysis of the "emotional" and "political" opinion, the result is clear. Congratulations Senator Burris.
Mark Allen is the associate editor of The South Street Journal newspaper in Chicago.
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