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Legislature gives final approval to bill to fill Kennedy seat
Boston Globe ^ | 9/23/09 | Boston Globe

Posted on 09/23/2009 1:39:12 PM PDT by Clinton's a liar

The Massachusetts House and Senate have given final approval to a bill that would allow Democratic Governor Deval Patrick to appoint an interim US senator to take the seat left vacant by the death of the legendary liberal Edward M. Kennedy.

The bill now heads to the desk of the governor, who plans to sign it and could name an appointee as early as Thursday or Friday.

The bill was enacted by the House, 95-59, and by the Senate, 24-16, after only brief speeches by lawmakers. Lawmakers did not pass, however, an emergency preamble to the law, meaning that the governor would have to send a letter to the secretary of state requesting early implementation of a law.

Supporters have said the state needs two senators in Washington when crucial issues are being debated, including President Obama's health care reform plan. Critics, who included the small contingent of Republicans in the Legislature, argued that the move was hypocritical, pointing out that the Legislature rejected the same proposal when the governor was a Republican.

The interim senator appointed by Patrick would serve until voters elect a new senator in a Jan. 19 special election. That senator would serve the remaining three years of Kennedy’s term.

With the sometimes heated debate over in the House and Senate, the question now is: Who will Patrick appoint?

(Excerpt) Read more at boston.com ...


TOPICS: Breaking News; Government; News/Current Events; Politics/Elections; US: Massachusetts
KEYWORDS: 111th; 2disgusting4words; cultureofcorruption; democratcorruption; duvalpatrick; ma2009; tedkennedy
Globe hawking Dukakis. Kennedy widow wants Paul Kirk, former Dem. Party Chair for interim appointment.
1 posted on 09/23/2009 1:39:13 PM PDT by Clinton's a liar
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To: Clinton's a liar

Hypocrites.


2 posted on 09/23/2009 1:40:28 PM PDT by Mikey_1962 (Obama: The Affirmative Action President)
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To: Clinton's a liar

Oh yeah?

http://www.freerepublic.com/focus/f-news/2346664/posts


3 posted on 09/23/2009 1:42:33 PM PDT by San Jacinto
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To: Clinton's a liar

That’s alot of seat to fill.


4 posted on 09/23/2009 1:43:18 PM PDT by equalitybeforethelaw
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To: Clinton's a liar

The Glob doesn’t even mention the two problems that make this vote so sickening.

1. The legislature based this bill and its predecessor purely on whether the governor happened to be a Republican or a Democrat.

2. It violates the rule of law to pass such a bill ex post facto.

Apparently, none of that is worth mentioning at the head of this article about finding a replacement for the “legendary liberal.”


5 posted on 09/23/2009 1:44:04 PM PDT by Cicero (Marcus Tullius)
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To: Clinton's a liar

IS THERE SOMETHING IN THIS LAW PROHIBITING the appointed person from running in the DEC. primary?

If so, it is likely unconstitutional (similar to the striking down of term limit laws that added additional qualifications to the ones specified in the constitution).


6 posted on 09/23/2009 1:44:27 PM PDT by campaignPete R-CT ("pray without ceasing")
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To: San Jacinto

Since this JUST hit the Boston Globe front page at 4:19 pm as breaking news, this one’s later... at least the Globe is convinced that the Governor will appoint a successor this week.


7 posted on 09/23/2009 1:45:07 PM PDT by Clinton's a liar (We, the willing...)
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To: Clinton's a liar

That’d be a load of sh!t needed to fill that seat.


8 posted on 09/23/2009 1:46:09 PM PDT by SoldierDad (Proud Dad of a U.S. Army Infantry Soldier whose wife is expecting twins SONS.)
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To: Clinton's a liar
"Critics, who included the small contingent of Republicans in the Legislature, argued that the move was hypocritical, pointing out that the Legislature rejected the same proposal when the governor was a Republican.

Hey...look at it this way, at least your dictators are not throwing you out of bell towers. Non-violent totalitarianism is just so sweet.

9 posted on 09/23/2009 1:46:41 PM PDT by Earthdweller (Harvard won the election again...so what's the problem.......?)
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To: Clinton's a liar
Rules... rules... I don't have to show you no stinking rules. I change them as I need them, it's that easy.

We always play by the rules.

10 posted on 09/23/2009 1:46:43 PM PDT by Dream Warrior (Never underestimate the POWER of an ARROGANT Marxist President and Congress!)
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To: San Jacinto

excellent Jacinto!

I read your link


11 posted on 09/23/2009 1:47:11 PM PDT by campaignPete R-CT ("pray without ceasing")
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To: Mikey_1962
Totally hypocritical... and what baffels me is that the average " Joe Blow" is just letting this slide. OH how I pray that the 2010 elections will change the complexion of our land!!

At the very least we need to be VOCAL about this Hypocracy.

12 posted on 09/23/2009 1:48:09 PM PDT by pollywog (staying...... " Under His Wings" Psalm 91:4)
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To: Clinton's a liar
They did not seek to fill the seat when Kennedy was too ill to be in the Senate. That apparently was OK.

Kennedy should have announced his pending resignation, then they can do the “appoint a temp” song and dance, then he resigns, and the temp takes his place until a special election. That way there would be no gap at all, and Massachusetts would have had the oh-so-critical 2 Senators.

13 posted on 09/23/2009 1:48:22 PM PDT by DBrow
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To: Clinton's a liar

How difficult can it be to find another fat bellicose murding alcoholic slob?


14 posted on 09/23/2009 1:49:43 PM PDT by SpaceBar
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To: campaignPete R-CT

http://search.yahoo.com/search;_ylt=A0geu53JibpK8wIB.MRXNyoA?p=schilling&fr2=sb-top&fr=yfp-t-501&sao=1

shilling is out!

Scott Brown (R) - State Sen., Ex-State Rep., Ex-Wrentham Selectman, Attorney & National Guard Veteran
Bob Burr (R) - Canton Selectman
Bill Coleman III (R) - Nutrition Educator, Ex-Congressional Aide & Frequent Candidate
Christopher Egan (R) - Real Estate Developer

http://www.scottbrown.com/

looks the man right now


15 posted on 09/23/2009 1:51:32 PM PDT by campaignPete R-CT ("pray without ceasing")
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To: DBrow
Kennedy should have announced his pending resignation

True! Never heard why he didn't. Anyway, all that need be done now is to hold up on the HC bill until after the Mass special election. (what's the hurry?)

16 posted on 09/23/2009 1:54:13 PM PDT by This_far (Mandatory health insurance? I thought it was about health care!)
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To: Clinton's a liar
At least the Globe is aware of the issue:

Lawmakers did not pass, however, an emergency preamble to the law, meaning that the governor would have to send a letter to the secretary of state requesting early implementation of a law.

They couldn't get the emergency preamble passed because it requires 2/3 vote. So now the governor makes his emergency request, the Sec of State says "okie-dokie", the 'Pubs file suit, the MA Sup Ct rules in favor of the Dems ( and maybe orders all the 'Pubs thrown in jail or shot or something)-- so the Dems get their Senator, but it will take a little time. Closer and closer to the Jan 19 election date.

17 posted on 09/23/2009 1:57:44 PM PDT by San Jacinto
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To: Clinton's a liar

Last timke i checked, it was unConstitutional to change the rules governing an election, while the election cycle was in progress...Pardon me, but didn’t the election process for replacing Ted Kennedy start the moment he died?

(which is why he wanted to get the rule changed before he did die, to make sure it would be incontestable?)


18 posted on 09/23/2009 1:58:07 PM PDT by DGHoodini (Iran Azadi!)
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To: Clinton's a liar
Got his replacement!

Nuthin' but the best for Massatwochits.

19 posted on 09/23/2009 2:00:41 PM PDT by theDentist (fybo qwerty ergo typo : i type, therefore i misspelll)
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To: Clinton's a liar

This is EX POST FACVTO and it is unconstitutional.

BIG QUESTION: What conservative group or Legislators are going to immediately file an injunction and take this to court?


20 posted on 09/23/2009 2:01:10 PM PDT by neverbluffer
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To: San Jacinto

Hey, I hear ya, but I think between the “pubs file suit” and “MA Sup Ct rules in favor of Dems” there will likely be a “Senate Swears in Interim Mass. Senator” for the health care vote.

It’s up to Harry Reid whether or not he seats the appointee. He’ll have an excuse to seat if the Sec. of State says “okie dokie”

We shall see...


21 posted on 09/23/2009 2:06:18 PM PDT by Clinton's a liar (We, the willing...)
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To: Cicero

Is anyone going to challenge this unlawful procedure? Is the GOP in MA doing anything? Totally absurd situation.


22 posted on 09/23/2009 2:06:47 PM PDT by khnyny (At least in the US we give our idiots an education, a suit and a speech writer)
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To: San Jacinto

The Republican party and/or other interested parties need to bring an immediate lawsuit to delay this law. The Democrats have no shame or even adherance to the rule of law.


23 posted on 09/23/2009 2:07:29 PM PDT by businessprofessor
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To: Clinton's a liar

I don’t expect the dems to feel even the slightest amount of shame over this. They are admitting to the entire world that they are shameless hypocrites.


24 posted on 09/23/2009 2:13:22 PM PDT by Leftism is Mentally Deranged (Democrat party: criminal organization disguised as a political party)
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To: khnyny

The GOP in MA is speaking out but they are outnumbered.


25 posted on 09/23/2009 2:15:22 PM PDT by Boardwalk
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To: Clinton's a liar

anybody even going to try taking them to court over this?


26 posted on 09/23/2009 2:17:20 PM PDT by Buckeye McFrog
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To: Clinton's a liar

I hope the lying scumbags choke on it.


27 posted on 09/23/2009 2:22:17 PM PDT by soycd
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To: businessprofessor
I just heard a GOP rep, who is a lawyer, on the Howie Carr show. He said that he and the other four GOP lawyers in the legislature are working on something.

Apparently the 1937 case the governor's depending on (in which the court found that the governor could sign a bill and have it take effect without the 90-day period normally only waived by an emergency preamble passed by the legislature) dealt with a referendum question, not a bill passed by the legislature. Here, the legislature explicity did not pass the emergency preamble.

Sounds to me as if they have a good case. Unfortunately, the rep on the show sounded waaaay too deferential -- more "we just want to say slow down; let's see if it will pass judicial muster first." Maybe it's a tactic in case the gov's listening (to Howie Carr? not bloody likely IMO!), but he didn't sound at all like the typical lawyer, chargin ahead with blood in his eye (even when he has no case).

28 posted on 09/23/2009 2:46:04 PM PDT by maryz
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To: Boardwalk
Sounds to me like they don't even deserve the non-power they have:

All the MA GOP did was cast their votes and say “oh, well!” They did nothing to bring national attention to the issue, and the leader of the GOP in this very quote indicates he's not interested in fighting it in any way whatsoever other than the single vote he cast:

-—”......The interim appointee proposal was enacted this afternoon by the House, 95-59, and by the Senate, 24-16, after only brief speeches by lawmakers. Lawmakers did not pass, however, an emergency preamble to the law, meaning that the governor will have to send a letter to the secretary of state requesting early implementation of the law.

“We did everything we could and there’s no need to delay for the sake of delay at this point,” Senate Minority Leader Richard Tisei told reporters after the Senate vote. “The vote’s been cast, and I hope the governor picks somebody who can represent the state well for the next couple of months.......”——

29 posted on 09/23/2009 2:47:36 PM PDT by TitansAFC (Socialism is a disease; Sarah Palin is the cure. Palin/Romney 2012 or Palin/Gingrich 2012!!)
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To: khnyny

“Is anyone going to challenge this unlawful procedure?”

I imagine every judge would rule that no one has “standing” to take such a measure—as in the case of obamination having to prove that he is a legitimate president—NO ONE has standing.


30 posted on 09/23/2009 3:05:12 PM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: Clinton's a liar

Is there nobody? Is there no shame? Are the majority of people in Massachusetts really no better than this? And there is no “emergency” with this bill which they do not even plan to enact for several years. Where was the outcry for this emergency need when the “emergency” stimulus bill was getting pushed through? We must demand they STOP USING THE WORD EMERGENCY ALL THE TIME. It is starting to take on a whole different meaning to me...it means BOHICA. Good people of MA......please do something. Even if you are a Democrat, there must be some good Democrats. Or did freedom go home, go to where it was born in order to die?


31 posted on 09/23/2009 3:17:23 PM PDT by Anima Mundi
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To: Boardwalk

And what about the GOP OUT of MA ?


32 posted on 09/23/2009 3:28:13 PM PDT by Ulysse
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To: TitansAFC

THe problem is, once you get past the hypocrisy argument, the REAL travesty was when they voted in 2004 to take away the power of the Governor to appoint a senator.

If they had tried to pass this law next year, the republicans wouldn’t have had a reason to oppose it. It’s a sound way to replace a governor, and many states just do the appointment and wait for the next scheduled statewide election for the special election process.

So it’s fun to point out that the Democrats are hypocrits, it’s harder to argue that giving the governor the power to appoint a temporary senator is somehow “anti-democratic” or something, since most states have the governor appoint the replacement already and we haven’t been fighting to change the law elsewhere.


33 posted on 09/23/2009 3:29:09 PM PDT by CharlesWayneCT
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To: Clinton's a liar

I was wrong on this...didn’t figger they could do it


34 posted on 09/23/2009 3:30:14 PM PDT by wardaddy (Obama, you suck Bro and we are kicking your butt for now anyhow)
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To: Clinton's a liar

The bill was enacted by the House, 95-59, and by the Senate, 24-16, after only brief speeches by lawmakers. Lawmakers did not pass, however, an emergency preamble to the law...

-—<>-—<>-—<>-—<>-—<>-—

The current composition of the House is 141 Democrats and 19 Republicans. The current composition of the Senate is 35 Democrats, 5 Republicans. (No typo: only 12% of the lawmakers in MA are Republicans)

Assuming (dangerous in MA) all the Republicans voted against, 40 Democrats in the House and 11 Dems in the Senate voted against the bill. (Actually I don’t have much problem with the bill as written, except that it should have been written 50 years ago and never questioned after that due to political effects.) Those 40 Democrats essentially neutered this in the current situation since they withheld effective power to appoint in this situation by not including the emergency clause.

Glenn Beck has been all over the place saying that the present situation in this country is not a Democrat vs. Republican thing, and I agree. There ARE “good” (meaning law-respecting here) Democrats. On the basis of this single vote, 24(100%) Republicans and 51(29%) Democrats in the Massachusetts General Court get “good” points.

We have to get the Democrats with us against this corruption, and here is an example that we can use.


35 posted on 09/23/2009 3:34:45 PM PDT by AFPhys ((Praying for our troops, our citizens, that the Bible and Freedom become basis of the US law again))
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To: campaignPete R-CT

“IS THERE SOMETHING IN THIS LAW PROHIBITING the appointed person from running in the DEC. primary?

If so, it is likely unconstitutional (similar to the striking down of term limit laws that added additional qualifications to the ones specified in the constitution).”


Darn tootin’ such clause would make it unconstitutional, but I don’t think they were stupid enough to put that clause in there.

BTW, laws that require that the governor name someone from the party of the person that died or resigned (such as in WY and AZ) are unconstitutional for the same reason you stated above, but have never been challenged that I know of.


36 posted on 09/23/2009 3:57:22 PM PDT by AuH2ORepublican (Fred Thompson appears human-sized because he is actually standing a million miles away.)
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To: AFPhys
We have to get the Democrats with us against this corruption, and here is an example that we can use.

I hear what you're saying, AFP, but holy crap. With Marxists controlling the Dem Party right now, and the rampant corruption/abuse of power, what's it gonna take for these "good" Dems to actually say "enough"?

A vote is a vote--and it remains to be seen if Harry Reid seats the interim appointee (I think he will and fast--harder to undo), but unless and until some of these Democrats start speaking out against the hard-left Marxists, I don't have a very high opinion of any of them.

I beat up on Republicans when it's deserved. Always have. Truth is truth.

37 posted on 09/23/2009 3:59:13 PM PDT by Clinton's a liar (We, the willing...)
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To: Clinton's a liar

Looking at the numbers is very enlightening. I understand there are just 5 GOPers in the Mass Senate and probably a similar percentage in their Assembly. 95/59 and 24/16 are indicative that maybe not all Democrats are on board for this heavy handed crap.


38 posted on 09/23/2009 4:11:36 PM PDT by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: Cicero

The Glob doesn’t even mention the two problems that make this vote so sickening.

1. The legislature based this bill and its predecessor purely on whether the governor happened to be a Republican or a Democrat.

2. It violates the rule of law to pass such a bill ex post facto.

Good eye. The corruption is bare-faced and absolutely unapologetic.


39 posted on 09/23/2009 4:22:23 PM PDT by Jack Hammer (w)
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To: AFPhys
We have to get the Democrats with us against this corruption

I'm going to have to give you a 5 star moron badge.

It goes to the core of the Democrat party to rig the rules. That is the essense of big govt. It is to rig the rules to get the outcome you desire. That is AT THE CENTRAL CORE OF THE DEMOCRATS.

40 posted on 09/23/2009 4:52:11 PM PDT by staytrue
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To: Clinton's a liar

This just goes to show that Massachusetts has no intention of living by the law. They only want what they want, when they want it, no matter how many rules they have to break or bend or how they have to step. They all ought to be ashamed of themselves for not actually being something our founding fathers could be proud of.


41 posted on 09/23/2009 4:56:44 PM PDT by pctech
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To: Clinton's a liar

I agree with you about beating up on the Republicans when it is deserved. We also have to acknowledge when the Democrats do the right thing.

Under half of those who vote Democrat support the corruption going on in our government now. Not all the Democrat representatives support the corruption of the current Democrat kingpins. Not all of them are CommuFascists (Progressives) either- they simply have more “liberal” views on some issues than FReepers but are not anti-American.

The corruption comes in many forms. Right now, it is more important that all Americans unite to end the corruption in government.


42 posted on 09/23/2009 5:05:26 PM PDT by AFPhys ((Praying for our troops, our citizens, that the Bible and Freedom become basis of the US law again))
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To: pctech

These bastards have no shame but I assure you— our day is coming.


43 posted on 09/23/2009 5:21:08 PM PDT by londonfog
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To: Clinton's a liar

If the governor was republican then they would have never tried this. The system is so corrupt. When can we start over.


44 posted on 09/23/2009 10:13:52 PM PDT by Revel
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