On September 22, the Massachusetts Senate passed the bill to empower Governors to fill vacant U.S. Senate seats, in the brief interval before the state holds a special election. The bill was originally HB 656, but is now HB 4246. It had already passed the House.
This stinks even worse than Blago appointing Burris. The sixth un-elected Senator in our Senate. Seats appointed for Obama, Clinton, Biden, Salazar, Martinez and Kennedy. We need a Federal Constitutional Amendment regarding appointments and replacements. Has there been so many in such a short amount of time?
Good question. I don’t know the answer.
1 – So then you prefer an empty seat to a seat occupied by a Democrat?
I think we should pass an amendment to the Constitution which would prohibit Senators from dying while in office.
Please note the distinction between dying and being brain dead, so let’s not cavil. I agree that it wouldn’t be right for 23-24 Republican Senate seats to be vacated after the voice of their constituency has been heard in a fair election.
Harley, the point is that a law was in place for the seat to vacated for 145 days in Mass. The law was put in because Dems were worried then governor Romney would appoint a Republican instead of a Democrat for Kerry if he won presidential election. Fast forward and Kennedy dies and now they throw out law for political convenience. If they wanted to change law it should have been done before Kennedy died. The vacancy was to be open for an election of candidates. The law was to stop any interim appointment that would then get an incumbent status for the election. Presumably against a Republican getting an interim status then running with the advantage of title of Senator for the full time seat. Now it is seen they need to keep 60 senate Dems then law is thrown out. They changed the law when the vacancy occurred. So disturbing that they passed the first law and never allowed it once to be implemented. Talk about the worst politics. Blagojevich had nothing on this one. The law also state interim appointment must be selected of the same party of prior senator. They have no shame.
So then you prefer a law to be passed and never implemented?
5 –
I live in MA, so I know the history.
Now, from The 12th amendment of the US Constitution you want to amend.
“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.”
Clearly the legislature, held then by the Democrats, had the option of blocking an appointment by a Republican governor which is what their previous action accomplished. The effect they desired was accomplished, so the law they passed was therefore, effectively, “implemented.” In this most recent action, again exercising the legal right the Constitution gave to them, the new law they passed had the desired effect of sending a Democrat to the Senate to fill the vacated seat.
So what’s your beef, really? Is it that there is politics afoot? Well, boo hoo hoo. Gosh almighty, and gee willikers…imagine that. Politics in our country? Sheesh.
Do you think MA is the only state to have a law requiring governor’s appointments to be of the same party as the person who vacated the seat?
Think again
But tell the truth, now – would your panties be in such a twist of the exact same thing happened in a state like, oh, I don’t know…say Utah, and a Republican legislature passed a new law to ensure that the successor to say, a deceased Orrin Hatch, who would be sent to Washington would be Republican, sure to vote against a health care bill, and would be sent ASAP? C’mon…you can be honest. No one else is reading this thread anymore, Bushie boy.
But, hey! Good luck with your amendment.