Posted on 01/17/2010 6:27:11 PM PST by jazusamo
Obamski will just instruct Reid to buy off Olympia Snowe.
No, they haven’t done anything but have meetings among the Dems. There was a little activity on the 13th but minor.
The Dem big shots were at the White House a couple days meeting with Obama, his thugs and union thugs re reconciliation of the Senate and House version and giving union thugs what they wanted re taxing of the “Cadillac” plans, they shut the Repubs out completely.
You couldn’t be more right, IMO. Blatant corruption and they don’t even try to hide it.
Qualification is different from certification. Election results are certified. Candidates are qualified. The legal interpretation I get from that is based on a scenario like Joe Bidens. Biden was elected November 7th 1972. He turned 30 years old on November 20th. He was elected to, but not qualified for, the senate on November 7th. In Biden's case, it did not matter, because he would not be sworn in until January 3rd 1973, when all of the new senators were sworn in.
I would be curious how the Massachusetts law read when Teddy was sworn in less than 24 hours after the polls closed.
I suggest "Al Franken" the election.
Any other ideas?
Anyone know the law in MA? How close does it have to be for a recount? Most states it has to be less than 3% so I have to assume if he wins by more than that then the only thing they can do is stall his seating for 10 days. MA law as I read it says after Tuesday the interium’s vote of null and void.
.
Good post potlatch
Thank you
Also found this page, which lists for each session the days each body was in session. For the Senate is was only on the 5th. The House was in session on the 5th, the 12th, the 13th and the 15th (Tues, Wend and Fri of last week).
But, of course, there is NOTHING in the daily digests of Congress about meeting with the President or reconciling health care, or reconciling any legislation. IOW, that is ALL being done extra-legally. (I'm aware you're not disagreeing with me on that obvious point.)
The Massachusetts law, passed in September to authorize Kirk’s appointment, provides that an appointed Senator shall serve “until the election and qualification of the person duly elected to fill the vacancy.” This would seem to support the position that Kirk can continue to serve after the special election is held. However, the Senate has previously found that substantially similar state laws cannot extend the term of an appointed Senator beyond the date of the special election.
On May 7, 1937, George Berry was given a temporary appointment as U.S. Senator from Tennessee to fill a vacancy created by the death of Senator Nathan Bachman. On November 8, 1938, a special election was held to fill the seat. In accordance with Tennessee’s normal practice, it took several weeks before the votes were counted and a winner was not certified until January 3, 1939. The applicable Tennessee law provided that a temporary Senator “shall hold office until his successor is elected at the next biennial election and qualifies.” Based on this law, Berry claimed that he was entitled to hold office and be paid until his successor was certified and/or actually seated by the Senate.
Berry’s claim was referred to a subcommittee of the Senate Judiciary Committee, which held a hearing and considered legal arguments on the matter. A legal analysis prepared for the subcommittee found that “in view of [Seventeenth Amendment’s] purpose of providing for representation in the Senate by persons elected by popular vote both for full terms and for unexpired terms it seems reasonable to assume that no temporary appointment was to be authorized except for the intervening period between the creation of a vacancy and the day when the people by their votes actually elect a successor, or, in other words, until they elect a person to fill the vacancy.”
In addition to the text and purpose of the Seventeenth Amendment, the analysis relied on various Senate precedents, including an October 15, 1918 ruling by Vice President Marshall, who found that the phraseology of the amendment was “radically different” than that of various state laws that permitted appointees to serve until their successors were “elected and qualified.” Marshall concluded that regardless of the fact that Senators-elect must “run the gamit of executive, administrative, judicial and senatorial investigation before they are entitled to qualify and take their seats as Members of the United States Senate,” the terms of their appointed predecessors nonetheless expire on the day of election.
Your link to the Library of Congress calendar is interesting, thanks.
To me it’s just unbelievable the Dems are shutting out the Repubs on this bill. It’s the biggest bill I can remember and they’re determined to ram it down our throats. If they do the Dems going to pay for a long time, I just hope the Repubs will start operating as conservatives.
“Legal battles” be damned, FIGHT ON!
Niko's my better half will brain me, but you and I would probably be on a red eye havin Scott's back in DC with how many from MA and how many from the Tea-Parties and 9/12 project stand with us?
They don't dare screw with us now. Better yet they don't screw with the people of Mass now...
“Publish the home addreses of the Democratic maching canditates and let the protesting begin.”
what does this mean?? the addresses of who?? I’ll go!
“If the Dems pull their dirty trick lever, you could have a Ben Nelson step in a say I will not vote to end the fillibuster until Brown is seated.”
I have called both Kirk’s offices and Kerry’s offices to suggest that they attempt to rehab their comtemptible and sneering attitudes to ‘we the people’ by NOBLY stating that they will hold up any vote on HC until the new Senator is seated.
That could help them save face and avoid a little tar and feathering....
“Lovey...why are those little people shouting and holding those smelly pails??”
“Why I DO believe they want to enter our townhouse!”
“The Dem big shots were at the White House a couple days meeting with Obama, his thugs and union thugs re reconciliation of the Senate and House version and giving union thugs what they wanted re taxing of the “Cadillac” plans, they shut the Repubs out completely.”
....and while they were diddling with a HC reform bill NO ONE WANTS, Iran was busy with their centrifuges, Haiti was dying and Cass Sustein was plotting to take away our freedom of speech.
Pray and be prepared for Bush/Gore 2000 redux .. and pray more ... PING!
I fully expect that all the filthy Dem tactics are being set in place now. Lawyers are en route, if not already there.
Remember Al Franken ..... PRAY!
I THINK it’s good- just checked -tomorrow’s weather is supposed to be a mix of sleet/rain and snow. Only devoted people are going to the polls.
Just heard Pat Caddell tell Neil Cavuto that he never thought he’d see Obama turn the Republican Party around in one year into a viable national party... ROFLMAO!!!!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.