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To: lawdude

> 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.


65 posted on 02/21/2007 8:56:32 PM PST by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: AZRepublican
"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.
66 posted on 02/22/2007 9:14:45 AM PST by lawdude (2006: The elections we will live to die for!)
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To: AZRepublican
"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.
71 posted on 02/22/2007 9:35:22 AM PST by lawdude (2006: The elections we will live to die for!)
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