Armed Polite Society
Main Forums => Politics => Topic started by: AZRedhawk44 on January 05, 2009, 02:36:23 PM
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The rules for filling a Senate vacancy are controlled at the State level, yes?
I cite Arizona ARS 16-222, section C:
For a vacancy in the office of United States senator, the governor shall appoint a person to fill the vacancy. That appointee shall be of the same political party as the person vacating the office and shall serve until the person elected at the next general election is qualified and assumes office.
If Arizona has such a section, then that means that Illinois has a similar section of law.
How, then, does Harry Reid get away with this?
Reid cites "legal authority" to bar Illinois Pick
http://news.yahoo.com/s/nm/20090104/pl_nm/us_blagojevich_senate
snip
Under the Constitution, Reid said, "We determine who sits in the Senate. And the House (of Representatives) determines who sits in the House. So there's clearly legal authority for us to do whatever we want to do. This goes back for generations."
/snip
How on Earth is this possibly a Federal issue that Congress is permitted to meddle in at all?
Seems to me this is best remedied by:
1. Impeachment proceedings of the good Governor of Illinois
2. Illinois recall of the appointed Senator
3. Re-appointment by Lieutenant Governor of a new choice
4. General Election to actually choose a Senator.
No reason at all to muddy the waters of State autonomy by having the Senate choose their own colleagues.
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Beats the hell out of me.
Maybe he has a copy of the REAL Constitution, not the one that us masses were given.
My reading of the Constitution says nothing about the Senate having the power to determine who sits there. The Senate's internal rules of order and US Code might flesh it out, but it's certainly not in the Constitution.
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IIRC, there was a USSC case involving the House, in which the Supremes basically said "If he meets the Age, Citizenship and Residency requirements, he's in. Deal with it."
The sticking point with Burris is that the Illinois Sec of State, Jessie White, hasn't signed off the "You're a US Senator" form. However, Burris has filed suit with the Illinois SC, saying that Jessie can't refuse to sign, just because.
Chances are Burris will win, as there's nothing to allow the IL Sec of State to refuse to sign because "It just ain't right."
Burris will be in the US Senate in about a week. Then his fellow senators can snub him. That'll go over well.....
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I first read the topic title as Senate Vaccines. :)
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How, then, does Harry Reid get away with this?
He's got lots of friends high in the Democratic (sic) party.
I first read the topic title as Senate Vaccines.
Hmmmmm!
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If Reid tries, then turnabout is fair play....
http://www.politico.com/news/stories/0109/17056.html (http://www.politico.com/news/stories/0109/17056.html)
Cornyn: Franken has no 'legal right'
By: Andy Barr
January 5, 2009 12:54 PM EST
Sen. John Cornyn (R-Texas) said Monday that he does not believe Democrat Al Franken has “a legal right” to claim victory in the Minnesota Senate recount.
Franken is expected to be declared the winner over incumbent Republican Sen. Norm Coleman by the state’s canvassing board Monday afternoon. But Cornyn said during an interview on Fox News that he is not yet satisfied with the recount, suggesting that some ballots may have been counted twice in Franken’s favor while other ballots were incorrectly thrown out.
“There are a lot of questions about double-counted ballots, about absentee ballots that likely favor Norm Coleman that were refused to be counted by the canvassing board,” Cornyn said. “I do not think Al Franken will have a legal right to claim that Senate seat until all the votes are properly counted.”
“It is a matter of equal justice,” he added. “Everybody's vote ought to count equally. None should be discounted in favor of others.”
Cornyn, the new head of the National Republican Senatorial Committee, vowed Friday that if Democrats try to seat Franken he and other Republicans will attempt to block the move. He did not repeat the threat Monday, but did insist that rather than seating Franken in coming days the issue should be “worked out in court over the next few weeks.”
“There have been a number of legal challenges already that have been filed in the Minnesota Supreme Court, for example, asking for a uniform standard by which to judge absentee ballots,” he said. “I think at this point, once the canvassing board finishes its job, the only place left to go would be to the courts for that uniform standard.”
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IIRC, there was a USSC case involving the House, in which the Supremes basically said "If he meets the Age, Citizenship and Residency requirements, he's in. Deal with it."
lol. Even those requirements don't seem to mean much these days.
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Regarding filling senatorial vacancies, 17th Amendment says "...the executive authority of such State shall issue writs of election to fill such vacancies: Provided, that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies as the legislature may direct."
It appears that Blago is the executive. He must issue a writ for an election, unless the legislature gives him power otherwise, but the appointment is temporary, until there is an election, the timing of that election is controlled by the legislature.
I believe the Federal Constitution trumps the State Constitution, so whatever the Ill. State Constitution says there must be an election held by the people and the Ill. legislature calls those shots. If the Ill. constitution says otherwise it is of no consequence??
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The House and/or Senate have refused to seat duly elected "members" since at least the 19th century.
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Regarding filling senatorial vacancies, 17th Amendment says "...the executive authority of such State shall issue writs of election to fill such vacancies: Provided, that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies as the legislature may direct."
It appears that Blago is the executive. He must issue a writ for an election, unless the legislature gives him power otherwise, but the appointment is temporary, until there is an election, the timing of that election is controlled by the legislature.
I believe the Federal Constitution trumps the State Constitution, so whatever the Ill. State Constitution says there must be an election held by the people and the Ill. legislature calls those shots. If the Ill. constitution says otherwise it is of no consequence??
Yep, and as the legislature may direct. as stated above is the state legislature. IIRC, Illinois law states that if the Senate seat has ~less then two years before it is up for re-election, then the Gov. appoints someone to fill out the remainder of the term. Hence, it is temporary. That's why when the IL legislature met shortly after Blago's arrest, the Dem's wouldn't allow the either "Blago can't make the Senate Appointment" or "Let's Have a Special Election NOW" bills to come up for a vote. Because they figured out real quick that all their candidates were tainted and would lose to whoever the (R)'s put on the ballot. Hence, they did nothing other then form an impeachment committee (Due to issue their report sometime after the Earth crashes into the Sun) in the hope that Blago would "Just Go Away". Their hope was the he woudl leave either on his own or via the "The Gov is incapacitated lawsuit" Lisa Madigan (D-IL Attorney General, who wants to be Gov.) He refuses to leave the IL SC said "Nope, he's not incapacitated." But since Blago has zero, zip, nothing, nada to lose and everything to gain, he keeps raising the stakes. Within the next two weeks Roland Burris will be in the US Senate and if the D's don't treat him like any other Senator, (committee assignments, etc.), then the howls from the Congessional Black Caucas, and the professional race baiters (Jesse Jackson, Al Sharpton, etc.) will grow louder.
Right now Harry Reid, et al. have political cover because Jesse White (D-Il Sec of State) has refused sign off on Blago's pick. Therefore, Burris doesn't have the right "credentials." Reid, et al. have already started to back down from their "We won't seat anybody Blago appoints." to "We'll listen to what Mr. Burris has to say." The first step in a typical Dem surrender......
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From what I remember, Reid didn't seat Burris because the sec of state didn't certify his appointment as required by chicago law.
Am I off on this?
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Yes, that's his cover. Then comes the lawsuit forcing the IL SoS to certify, and Reid capitulates after making his procedural stand...
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From what I remember, Reid didn't seat Burris because the sec of state didn't certify his appointment as required by chicago law.
Am I off on this?
Technically it's ILLINOIS law, but the reality is not far from what you posted......
And SADShooter is correct. Reid will fold like a cheap suit once the IL Supremes make Jesse White sign the form.....
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Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,
This is the legal authority for the House and Senate to seat or not seat members. If Reid and his boys decide Senator A isn't qualified he doesn't get seated. They get to define qualified short of overriding age, citizenship and other constitutionally defined qualifications. That's all there is to it. Well not all - they have to follow the rules of the Senate or House - but then they do make the rules per the constitution.
It has happened a number of times that the Senate has refused to seat a Senator - last time was - wait for it - an appointee from IL.
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This is the legal authority for the House and Senate to seat or not seat members. If Reid and his boys decide Senator A isn't qualified he doesn't get seated. They get to define qualified short of overriding age, citizenship and other constitutionally defined qualifications. That's all there is to it. Well not all - they have to follow the rules of the Senate or House - but then they do make the rules per the constitution.
It has happened a number of times that the Senate has refused to seat a Senator - last time was - wait for it - an appointee from IL.
Not quite. Lorimer did serve in the Senate for ~ 3 years, until it came out that Illinois Legislators had taken bribes to vote for Lorimer, then the Senate passed a resolution declaring his election invalid. This event also brought about the 17th Amendment.
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Looks like I was off by about two weeks on my prediction that Harry Reid would fold like a cheap suit in two weeks.
Looks like Burris will be seated either today ot tomorrow.
Even the French would be proud of how quickly Reid went from "We'll never seat a Blago appointee !!" to "What committee's would you like to chair, Mr. Burris ??"
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Looks like I was off by about two weeks on my prediction that Harry Reid would fold like a cheap suit in two weeks.
Looks like Burris will be seated either today ot tomorrow.
Even the French would be proud of how quickly Reid went from "We'll never seat a Blago appointee !!" to "What committee's would you like to chair, Mr. Burris ??"
Okay, I was actually off by a week. Roland Burris will be sworn in tomorrow. Reid got schooled in the Chicago Way. Obama called him and said "Don't keep the brother down and urinate on my shindig, let him in."
Boy, if they can't stand fast over something so trivial, imagine what will happen if something serious happens.....
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I was going to dig this up, commenting that the cheapest suit I ever wore lasted longer than Harry "line in the Nevada sand" Reid. I wish I was pleased you (we) were so right.
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I'm going to remind people once more.
If you are intent on using Barak Obama's middle name only, then your only intent is a transparent attempt to draw a fear-line between Arab terrorists and the office of the President.
I don't care if you do it some place else.
You do it here, though, and you're going to end up gone.
Everyone understand me?
Use his title and his last name, his first and last names, or just his last name.
Those are your options.
And don't even bother to get all indignant and First Amendmenty on me.
That will only guarantee that you'll be gone that much sooner.