Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: OrangeDaisy
"Obviously because there is a restraining order we will not be moving forward," Senate Republican Leader Ron Ramsey said Wednesday.

That is not obvious at all. This is neither a federal nor a judicial matter. Legislators do not AFAIK need judicial permission to expel a member, which is an internal matter of theirs. I recognize that defying a judicial order is a serious matter, but a legislature interested in protecting its turf might argue that issuing such an order is a serious matter.

Disturbing on both federalism and separation-of-powers grounds.

13 posted on 01/18/2006 7:43:39 PM PST by untenured (http://futureuncertain.blogspot.com)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: untenured

Does this set precedent? I don't think I've ever heard anything like this before.


15 posted on 01/18/2006 7:49:38 PM PST by swheats
[ Post Reply | Private Reply | To 13 | View Replies ]

To: untenured; fieldmarshaldj

"Legislators do not AFAIK need judicial permission to expel a member, which is an internal matter of theirs"



That is correct, but more to the point, the state senate is the sole judge of the elections, returns and qualifications of its members (remember, the Senate isn't expelling Ophelia, since they would need 2/3 of the votes). If the state senate rules that Ophelia Ford did not win the election, then the state senate's word is final. State senators will of course face the voters next election, and if the votyers feel that the senators cheated they can vote them out of office.

Indiana RAT Congressman Francis X. McCloskey was certified by the Secretary of State as having lost reelection in 1984, only to be seated by the Democrat House after it excluded the rightful winner. The GOP screamed bloody murder, but there's nothing that any court could have done to stop the House from exercising its constitutional authority. This judge is completely out of line.


44 posted on 01/19/2006 6:46:58 AM PST by AuH2ORepublican (http://auh2orepublican.blogspot.com/)
[ Post Reply | Private Reply | To 13 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson