Can an impeached governor seek redress in teh courts?

beyelzu · #1 02-25-2009, 04:35 PM

i was talking to a guy who said that blagovich would go to court over being impeached. I was all like wtf. I would think that there is no place to seek redress, unless it would be the supreme court directly.

so if you get impeached can you sue?

freemonkey · #2 02-25-2009, 05:53 PM

I think you can sue anyone for anything.

Dingfod · #3 02-25-2009, 06:50 PM

Blaggo would have to prove they removed him illegally. As long as they followed the Illinois constitution, I think there is no basis for legal action.

beyelzu · #4 02-25-2009, 10:24 PM

Yeah thats what i thought, and i also thought impeachment was pretty much up to the legislature. I was curious though about what court would have jurisdiction there.

Kael · #5 02-25-2009, 11:44 PM

You know, I didn't check this thread for most of today because I figured it was another 'I love ES' thread... Is that like a reverse troll, or something?

beyelzu · #6 02-27-2009, 03:02 PM

cmon guys anything?

where is the appropriate venue to file suit, is it the supreme court?

what would it take to overturn an impeachment?

Adam · #7 02-27-2009, 03:08 PM

I don't see why the Supreme Court would be the appropriate venue or, at least, not until all options in Illinois state courts had been exhausted.

beyelzu · #8 02-27-2009, 03:10 PM

Well, what made me wonder was the unique status of impeachment, i also imagine that it depends on the Illinois constitution outlining the impeachment process.

Adam · #9 02-27-2009, 03:17 PM

Yah, I have no idea what the Illinois Constitution has to say about it. You'd think that I would, since I can see Illinois from my house, but nothing. I even dressed up as Sarah Palin for Halloween, but apparently, none of the knowledge by osmosis powers rubbed off on me. :sadcheer:

beyelzu · #10 03-05-2009, 04:35 PM

can anybody help, or do i need to like actually do my own research?

Dingfod · #11 03-05-2009, 04:41 PM

Article 4 of the Illinois state constitution:

SECTION 14. IMPEACHMENT
The House of Representatives has the sole power to
conduct legislative investigations to determine the existence
of cause for impeachment and, by the vote of a majority of
the members elected, to impeach Executive and Judicial
officers. Impeachments shall be tried by the Senate. When
sitting for that purpose, Senators shall be upon oath, or
affirmation, to do justice according to law. If the Governor
is tried, the Chief Justice of the Supreme Court shall
preside. No person shall be convicted without the concurrence
of two-thirds of the Senators elected. Judgment shall not
extend beyond removal from office and disqualification to
hold any public office of this State. An impeached officer,
whether convicted or acquitted, shall be liable to
prosecution, trial, judgment and punishment according to law.

That the state senate takes an oath to do justice according to law is somewhat vague to me, what law? I think Bloggo wouldn't even have a case until he was exonerated in his criminal trial. Then again, IANAL.

Shake · #12 03-05-2009, 07:05 PM

Quote:

Originally Posted by Dingfod

Article 4 of the Illinois state constitution:

SECTION 14. IMPEACHMENT
The House of Representatives has the sole power to
conduct legislative investigations to determine the existence
of cause for impeachment and, by the vote of a majority of
the members elected, to impeach Executive and Judicial
officers. Impeachments shall be tried by the Senate. When
sitting for that purpose, Senators shall be upon oath, or
affirmation, to do justice according to law. If the Governor
is tried, the Chief Justice of the Supreme Court shall
preside. No person shall be convicted without the concurrence
of two-thirds of the Senators elected. Judgment shall not
extend beyond removal from office and disqualification to
hold any public office of this State. An impeached officer,
whether convicted or acquitted, shall be liable to
prosecution, trial, judgment and punishment according to law.

That the state senate takes an oath to do justice according to law is somewhat vague to me, what law? I think Bloggo wouldn't even have a case until he was exonerated in his criminal trial. Then again, IANAL.

Likewise, IANAL, but it seems to me that if the Chief Justice of the Supreme Court presides over the impeachment, then it really wouldn't do much good to appeal it to that court. I mean, do you think the CJ would let something fly in the impeachment trial only to reverse himself during an appeal? Doubtful.

Angakuk · #13 03-06-2009, 03:23 AM

Which is why Blaggo should take the case all the way to the highest court in the land. Judge Judy is waiting for his call.

Anastasia Beaverhausen · #14 09-12-2009, 06:24 AM

Blago gets grilled... by Bonnie Hunt?

Rod Blagojevich gets a grilling on 'The Bonnie Hunt Show' -- chicagotribune.com

Quote:

"At some point, even for your own children, don't you want to be accountable? Sometimes you make bad choices," Hunt said as the audience applauded loudly during the segment, taped Thursday.

Clearly agitated by the questions, Blagojevich raised his voice as he vowed his name would be cleared.

"These are false accusations and there are taped conversations that will set the record straight," he said. "That's the truth. I'm the one that wants you all to hear them. My accusers don't. Now what does that tell you?"

Blagojevich became so riled by the questioning that Hunt jokingly asked for "a sidebar."

"You went to law school, I didn't," she said. "I'm only a nurse, but I might inject you with something just to get you to quiet down."