Posted on 01/04/2007 4:57:59 PM PST by shrinkermd
Senator Tim Johnson's recovery from a brain hemorrhage and emergency surgery is expected to take several months, the South Dakota Democrat's office said yesterday. A test showed that Johnson no longer has the tangle of arteries and veins in his brain that caused bleeding that sent him to the hospital last month. He underwent the angiogram yesterday at George Washington University Hospital, where he has been in critical condition since Dec. 13....
(Excerpt) Read more at boston.com ...
The dems will still have the majority, but not his vote.
What seemed noteworthy to me from this brief report the attending neurosurgeon was more circumspect as to outcome than he had been previously. This could be the way the AP reported it, however.
Article V.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Amendment XVII
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.When vacancies happen in the representation of any State in the Senate, 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 by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
He is past the most critical stage.
Perhaps his family can make the decision that he will not be returning to the Senate.
If the Governor makes this decision on his own, the world will come to an end!
/s/ intended
If he is unable to resume his duties as US Senator, the state of South Dakota would be within its rights to replace Senator Johnson. If the Republican governor appoints a Republican to that seat, the control of the US Senate would be at stake.
The Constitution doesn't mererly require an equal number of senators for each state, it requires "equal sufferage" in the US Senate. If a senator is incapacitated in a way that prevents him from voting, to prevent the seating of a replacement would be a serious violation of the Constitution. Equal sufferage in the Senate is the only provision in the US Constitution that can not be changed by a constitutional amendment.
The family and the neurosurgeon could alleviate matters by simply describing the lesion. Right hemisphere, left hemisphere or both? Broca's area impaired or not? Internal capsule impaired or not? Present hemiparesis on right?
All questions easily answered by the doctor if the family permits. Then expect a plethora of neurological and neurosurgical opinions as to likelihood of disability and extent of disability.
IMHO when you run for office as a Senator you lose some privacy since your personal health and conduct influence whether you can do the job and how effectively you can do it.
The Senate seems structured to protect members not the public. Always has been so for both parties and probably always will be so. They do pay a price for this. The price they pay is public knowledge they lack simple honesty when it comes to their interest vs. the public's.
Every state has "equal sufferage" to have an incapacitated Senator.
The relevant section of the constitution is Art 1 sec 3:
"if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies."
But the Senate tradition is that an incapacitated Senator is not a vacancy.
SD could sue, but I can't see- nor do I believe it constutionally sound- the court overturning such a long-standing practise.
The congress can and should write a law that would deal with these situations. Probably stating that a Senator who couldn't vote for some long period, over a year- maybe two, was "vacant".
Good luck with that, Constitutional principles only apply when Republicans are in office.
Democrats don't care what the Constitution says, their grip on power far exceeds any principle the Constitution may contain.
"continues to be responsive to both his family and physicians -- following commands, squeezing his wife's hand, and understanding speech."
I'm sure Dems are expecting him to be back around the same time as Castro's return.
The media had no problem at all violating Dick Cheney's privacy when he had a stent implanted in his chest.
Since when have leftist Democrats shown any regard for the Constitution of the United States of America?
Is it stated any where that he has come out of the coma?
"Whoa...Democrats have BRAINS???"
Made me spit my toddy on my keyboard.............too funny.
But...didn't the governor say if he is unable to perform his duties...he is preparing to appoint a new senator. I just heard this today. Doesn't sound like Johnson is able to perform his duties.
Nope. As far as I can tell no one has said he has regained regular consciousness. They do say he follows people with his eyes and squeezes his wife's hand. Or so it has been posted. I also don't know whether he is still sedated. This was supposed to end after Christmas.
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