Son of Blagojevich: A Look at the Constitutionality of Illinois’ New “Son Of Sam” Law

Son of Blagojevich: A Look at the Constitutionality of Illinois’ New “Son Of Sam” Law

By Matthew N. Stewart.
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115 Penn St. L. Rev. 289.

“I’ve got this thing and it’s . . . golden. And I’m just not giving it up for . . . nothing. I’m not going to do it. And I can always use it.” As Rod Blagojevich spoke these words, in reference to President-elect Barack Obama’s vacant Senate seat, he had little idea that federal agents would soon use these recorded conversations to bring a fitting end to his corrupt reign as Illinois governor. Blagojevich was under investigation for an alleged string of crimes that began before he was elected governor in 2002 and culminated in a nineteen-count indictment against him in December 2008. The charges included 16 felonies, ranging from racketeering conspiracy to attempted extortion.

On January 29, 2009, less than two months after his arrest, the Illinois legislature showed its immediate disapproval of Blagojevich’s actions by impeaching him and removing him from office by a senate vote of 59-0. Other state and federal officials were just as condemning in their appraisals of Blagojevich. One United States Attorney declared that “[t]he conduct would make Lincoln roll over in his grave.” Illinois General Assembly Senator Dale Righter described Blagojevich as a “devious, cynical, crass and corrupt politician.” No matter what words were used to describe the situation, the theme was the same: Blagojevich’s actions were abhorrent and caused seemingly irreparable damage to how the public perceived the Illinois government. Replacement Governor Patrick Quinn summed up the situation well when he acknowledged that “[i]n this moment, our hearts are hurt. And it’s very important to know that we have a duty, a mission to restore the faith of the people of Illinois in the integrity of their government.”
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