No Common Sense for Common Law in Chicagoland

Common sense and common law doesn't have to be mutually exclusive.  The one-year residency requirement to run for Chicago mayor, I'm sure was written eons ago to prevent outsiders from running Illinois' biggest city.  No one at that time expected a scenario where a member of Congress from Illinois' 5th district would be called to become the chief of staff for the President of the United States.  And if they did, they would probably made provisions for it.

Rahm's Chicago home

And when Emanuel was called, he did the right thing and served his President. Emanuel also took care of his family by moving them to DC and renting out his Chicago house.  As the Chief of Staff, Emanuel only made about $170,000 a year, so I'm sure he could not afford two residences.  Emanuel also wouldn't have known that Mayor Daley would be not be seeking his seventh term.  If he had known Emanuel might have decided to retain his Congress seat.

Mayor Daley

That's why it amazes me that the Illinois Appellate Court has ruled 2-1 that Emanuel cannot be on the ballot because he wasn't a resident of Chicago for one year prior to the election.

For one, everyone knew that Emanuel technically wasn't a resident of Chicago for the last year.  What do you blame him?  But sometimes, Judges should not be so narrowly confined to the law.  Judges should also consider the spirt and intent of the law, what exceptions should be considered, and what was the true intent of the person involved.

When Judges become too literal and intercede against the people they are eroding the true meaning of the Constitution and disregarding the very beginning words of this foundational document "We the People."

In short, Judges are paid to use common sense.  They are supposed to interpret the law for each situation, not just declare it.  In truth, the Chicago residency law may be quite gray.  It surely had passed  the White House vetting, if not the President would not have let him go.

When cases are gray and the requestor shows good faith, the Court should allow the benefit of the doubt and let the people of Chicago decide whether Emmanuel truly qualifies to be their mayor.