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!)
To: lawdude
Excuse me, 17th Amendment.
67 posted on
02/22/2007 9:15:49 AM PST by
lawdude
(2006: The elections we will live to die for!)
To: lawdude
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.
72 posted on
02/22/2007 6:48:27 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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