Is the Senates requirement ultra vires under Article 1, Section 5?
Maybe not. If the Senate views a “Report” as a particular report on an appointment, then under Article 1, Section 5, it can require an original signature on that report as a condition of validity. It can view the signature as an authentication, if you like. Of course, it is more reasonable in this case for the Senate to allow the lack of a signature, but that does not mean that if it refuses to so allow, it is acting illegally or that there is any judicial remedy. This point can be litigated under Powell but is distinguishable. D. Does the Illinois Supreme Court have authority to interpret Senate rules? No. Judging returns is expressly made part of Article 1, Section 5. Courts disagree with factual determinations of matters in other jurisdictions all the time. Does anyone or any judge outside a few courts actually think the WM3 guys are guilty, or that Beatty Chadwick has $2.5M? Probably not. But jurisdiction always trumps facts in the law. An Illinois court cannot, for example, order
