TOCH QUITS TOADY.....SENATE NOW UNDER REPUBLICAN CONTROL?

9-30-02 | Rash32

[GraniteStateConservative]

It's a misspelling of BUMP.

[techcor]

Yeah, the Toch is such a looser.</joke>

[Kaisersrsic]

I am not sure that the location of statute will control, but that is an argument. However, the language of the statute is very clear in its application to a a U.S. Sentate seat becoming vacant for a reason other than expiration of the term. That is exactly what would happen if Torch resigned at the end of October. My guess is that it was placed in the section of the code dealing with special elections because it permits the Governer to set a special election, not because of any express or implied limitation.

If this all gets litigated, I think the U.S. Supreme Court will rule in favor of Forrester and limit the application of the N.J. statute, but then the Dims will argue that both the presidency and the Senate were selected by the Court. Ugly.

[writmeister]

In federal general elections, the United States Code mandates that the election be held in the Tuesday after the first Monday in November. 2 USC §1, 7.

The United States Constitution proscribes six-year terms of office and the placement of seats in specific classes mandating the end of their terms. US Const. Art I §3(1) & (2).

The United States Supreme Court has interpreted the Times, Place and Manner clause as mandating the November general election and held that any conflicting state stautes are inoperative so far as the conflict extends. Foster v. Love, 532 US 67, 118 SC 464, 139 LE2d 369 (1997).

[Diddle E. Squat]

Are you Merchan Seaman?

[HIDEK6]

proscribes

Is this what you mean?

Main Entry: pro·scribe

Pronunciation: prO-'skrIb

Function: transitive verb

Inflected Form(s): pro·scribed; pro·scrib·ing

Etymology: Latin proscribere to publish, proscribe, from pro- before + scribere to write -- more at SCRIBE

Date: 1560

1 : to publish the name of as condemned to death with the property of the condemned forfeited to the state

2 : to condemn or forbid as harmful or unlawful : PROHIBIT

[1Old Pro]

Or is it Peter Tosh?

yes

[writmeister]

Oops. Typo. I think that should have been prescribe.

[Frumious Bandersnatch]

You mean "Baghdad Babs?"

[aruanan]

And if he does that, then there will be no election in Nov and the replacement will serve for 2 years.

No, the replacement will finish out Torchy's term.

[aruanan]

No, the replacement will finish out Torchy's term.

Or not.

[RightOnline]

Which toady did he quit? Daschle??

[Phantom Lord]

No, the replacement will finish out Torchy's term.

I said that in the next sentence!

[aruanan]

I wonder if a case can be made that these laws don't apply when the people involved are trying to use them to circumvent an election in order to avoid losing the seat for their political party. There's a big difference between what they're doing and a Senator getting killed in a car accident or by an irate husband.

[Charles Henrickson]

Former New York City mayor Ed Koch?

[Charles Henrickson]

The Human Toch