SPRINGFIELD – Gov. Rod Blagojevich has sued House Speaker Michael Madigan for allegedly concocting a scheme to let lawmakers ignore the governor’s frequent calls for special legislative sessions. In the lawsuit, Blagojevich accused Madigan of acts “aimed at eradicating the governor’s constitutional and statutory powers.”
He is asking a judge to order Madigan to hold special sessions at times and dates of the governor’s choosing.
Blagojevich did not sue Senate President Emil Jones (D-Chicago), his chief legislative ally, even though few senators have shown up for the same weekend sessions.
The Governor has pulled off something impressive; making Mike Madigan look sympathetic.
From the Illinois Constitution:
(b) The Governor may convene the General Assembly or the Senate alone in special session by a proclamation stating the purpose of the session; and only business encompassed by such purpose, together with any impeachments or confirmation of appointments shall be transacted. Special sessions of the General Assembly may also be convened by joint proclamation of the presiding officers of both houses, issued as provided by law.
So, when the Governor didn’t offer up any actual legislation to consider, the Lege Members has literally nothing to do unless they wanted to sit around and shoot the shit about the subject.
There is no indication that the Governor gets to set the session time nor any redress if they session is gaveled in/gaveled out. The Governor is a part of the Executive Branch and while he can order a session, he cannot control the session. That is the purview of the Legislative branch. There is no language to indicate he can set the time nor compel attendance.
While it’s very unclear to me, the Legislative Immunity clause may apply here:
SECTION 12. LEGISLATIVE IMMUNITY Except in cases of treason, felony or breach of peace, a member shall be privileged from arrest going to, during, and returning from sessions of the General Assembly. A member shall not be held to answer before any other tribunal for any speech or debate, written or oral, in either house. These immunities shall apply to committee and legislative commission proceedings.
Regardless, the Governor can call a session, but he cannot run the session as he sees fit.
Actually, the bigger point is that the Illinois constitution (Art. 4, Sec. 6(d)) explitcitly states that “each house shall determine the rules of its proceedings.”
The Illinois House voted on Rules that dictate when a session convenes. Rule 29 explicitly sets 12:30PM as the meeting time for a special session “unless otherwise ordered by the Speaker.”
It simply defies common sense to suggest that scheduling the time of meetings of the General Assembly is not a legislative function. The only thing funnier than that suggestion is watching the dance steps of the Governor as he tries so hard to avoid criticizing Jones.