Sen. Tim Johnson Enters Private Rehab Facility After Brain Hemorrhage

Fox News and AP ^ | 20 February 2007 | Staff

[ladyjane]

"They just want him to focus on getting better...

Focus? I don't think so. Very sad.

[lawdude]

"???ues it does. I'm guessing he is drawing his senate salary and his wife is getting it."

And what is wrong with that? Many/most businesses continue to pay employees when they are disabled or have insurance to do so. What is your intent with the first 3 letters?

[lawdude]

" I don't know what is keeping the Gov. from appointing a temp senator till Tim can return, or not return."

Because the Constitution does NOT allow it. There is that nasty Constitution again.

[lawdude]

"So, someone like that should remain a Senator?"

Just how much does a senator have to relearn? Not much!

[AZRepublican]

> Because the Constitution does NOT allow it.

Uh, the selection or temporary appointment of Senators has always remained within the domain of the States and no where else.

[lawdude]

"Uh, the selection or temporary appointment of Senators has always remained within the domain of the States and no where else. "

Please see the 11th amendment.


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.

[lawdude]

Excuse me, 17th Amendment.

[colorado tanker]

This is good news. Based on the initial reports, I didn't expect him to make it this far. But, the fact he needs inpatient rehab means he's suffered pretty serious damage.

It is an example of MSM hypocrisy. If he were a pubbie and his gov a dem, the MSM would be demanding his resignation.

[lawdude]

See-
http://en.wikipedia.org/wiki/Seventeenth_Amendment_to_the_United_States_Constitution

[MadelineZapeezda]

Unfortuneatly, when the hospital can't do anything else for you, you get put into a "rehab" center if you can't be taken care of at home.

Not necessarily so.....hospital is considered for the first critical care, then insurances want them out in step-down units where the insurances pay less, but have more aggressive rehab care, IMO

[lawdude]

"Uh, the selection or temporary appointment of Senators has always remained within the domain of the States and no where else. "

What I am trying to say (albeit very, very poorly---[senior moments due to in house disruptions]) is that Mr. Johnson cannot be replaced involuntarily. He is still in the senate and until he is removed, either by his own choice, or death, he will remain the Senator from SD. BTW, I have lived in SD and most of my family still does. My niece believes (as do many there) that he is in far worse shape than the media suggests but his wife is going along with Reid et al.

[AZRepublican]

You are just repeating what I had said... the States are empowered over such decisions. There is nothing preventing a State from temporary replacing its own incapacitated representatives in the senate, either until next election or until the current office holder can return.

A senator serve the State in its political capacity, not himself, the 17th never changed anything in those regards, i.e., the Senators are still representatives of the State, and House representatives the people directly. There is nothing that can prevent a State from having provisions in its laws for temporary filling a vacant seat due to an incapacitated senator.

[Tarpon]

Yep, didn't Schiavo go to private rehab? I wish him and his family the best. But if it were a Republican you know what would be going on now with the MSM. Just consider the tables reversed and close your eyes, you will see how vicious the media could be. It will be the end for the media before too long.

[lawdude]

Yup, I disunderstood your original reply. Sorry. We are surely on the same page.