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To: Dianna
If the RATs and their "independent" and RINO ilk brethern manage 51 seats, then as long as there's no election, the appointed ilk will get to stick around until 2004 (the Senate does have final say as to who gets to sit there).
386 posted on 09/30/2002 11:52:28 AM PDT by steveegg
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To: steveegg
If the RATs and their "independent" and RINO ilk brethern manage 51 seats, then as long as there's no election, the appointed ilk will get to stick around until 2004 (the Senate does have final say as to who gets to sit there).

I would think, though I'm not 100% certain, that they can't get away with having no election at all. See 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.

I don't have a clue how this Amendment has been interpreted by the SCOTUS over the last 90 years, but you'd think it makes it clear that upon resignation, the governor can fill the position with a person in whatever fashion the New Jersey Legislature has set up, and then must order an election within a reasonable period. (And obviously, the one in November would be the most reasonable, since it's already set up and ready to go.) But it's all just vague enough that....who knows?

So yeah, we'd be right back in Florida again, with the RATS attempting to twist the federal and state constitutions to within an inch of their lives in order to achieve their power-mad goals. And hopefully failing again just like last time. BRING IT ON, RATS.

445 posted on 09/30/2002 12:07:14 PM PDT by Timesink
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