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Massachusetts Senate seat succession - interesting letter in today's (9/1) Washington Post
The Washington Post ^ | 9/1/09 | Scott Tate

Posted on 09/01/2009 8:40:01 AM PDT by SpeakToPower

How can it be appropriate to change the legal mechanism for filling a vacancy after that vacancy has occurred?

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Government; Politics/Elections
KEYWORDS: appointment; election; massachusetts; senate
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About the succession for the U.S. Senate seat in MA? Can they change the law now?
1 posted on 09/01/2009 8:40:01 AM PDT by SpeakToPower
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To: SpeakToPower

It would seem that some sort of Ex Post Facto interpretation would rule here. The ‘condition’ is triggered by the death.....the current law at time of ‘death’ should be used.....


2 posted on 09/01/2009 8:41:30 AM PDT by Gaffer
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To: SpeakToPower

Ex post facto would be an obvious cause for a court challenge. Even if the legislature is able to pass it, this would be a long, long process. Well beyond the time set for the special election.


3 posted on 09/01/2009 8:45:34 AM PDT by Genoa
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To: SpeakToPower

Changing the rules after-the-fact never stopped the Democrats before....there are too many examples to believe they will not try it in Massachusetts.


4 posted on 09/01/2009 8:45:54 AM PDT by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
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To: Gaffer

I agree, lawsuits should be forthcoming should they change the law.

I believe if they change it the current opening would have to be “grandfathered” in and use the current law. JMHO.


5 posted on 09/01/2009 8:46:42 AM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: SpeakToPower
In MA, they can do anything. A few years ago there was a binding referendum to lower the state sales tax. It passed -- the people wanted it. The state legislature yawned and said "That's nice."

Homosexual marriage became legal in MA because three judges thought it was a good idea and ordered the state legislature to make a law. They did.

6 posted on 09/01/2009 8:48:06 AM PDT by ClearCase_guy (Play the Race Card -- lose the game.)
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To: Gaffer

But it’s a democrat seat, they can fill it any way they want. You’re not a racist are you?

(Yeah, it makes no sense, but it’s the standard democrat line.)


7 posted on 09/01/2009 8:50:28 AM PDT by kenth
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To: SpeakToPower

LEGAL?? You’re talking about politics in Mass!! What has legal to do with it?


8 posted on 09/01/2009 8:50:42 AM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: SpeakToPower

This has been exactly my argument from the moment the Swimmer took his last breath. No one has been able to answer this apparently simple legal question.


9 posted on 09/01/2009 8:51:00 AM PDT by Boiling Pots (Evil-Mongering Angry Mobster)
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To: SpeakToPower

They’ll most certainly change it to suit their interests.


10 posted on 09/01/2009 8:51:24 AM PDT by wastedyears (The best aid we could ever give Africa would be thousands of rifles to throw out their own dictators)
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To: SpeakToPower

People... this is BOSTON... Chicago East.


11 posted on 09/01/2009 8:51:31 AM PDT by pabianice
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To: rolling_stone

How can it be appropriate to change the legal mechanism for filling a vacancy after that vacancy has occurred?

Great Question.


12 posted on 09/01/2009 8:51:52 AM PDT by CPT Clay (Pick up your weapon and follow me.)
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To: SpeakToPower

I think they will do it regardless of what is legal, get their Kennedy spawn in there, and deal with the lawsuits and the illegality of it later. If I were a Republican in that state, I would go after a restraining order right now.


13 posted on 09/01/2009 8:52:13 AM PDT by La Lydia
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To: Erik Latranyi
Changing the rules after-the-fact never stopped the Democrats before ...

Exactly. Refraining from this requires having morality, ethics, honor, principles ... a sense of shame.

NONE of these characteristics are possessed by the Dems (particularly those in MA).

14 posted on 09/01/2009 8:53:59 AM PDT by Servant of the Cross (the Truth will set you free)
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To: Genoa
Ex post facto would be an obvious cause for a court challenge. Even if the legislature is able to pass it, this would be a long, long process...

I thought that states had pretty much complete autonomy in selecting,in any way they chose,who would represent them in the US House and Senate.If I'm correct then it seems that the Federal courts couldn't become involved.And,as for the state courts,they're so full of worthless,amoral Marxists that any state challenge to whatever "law" was eventually enforced by Coupe Deval and his masters at DNC headquarters would be quickly and easily affirmed by every one.

Thus essentially rendering the matter a fait accomplis.

15 posted on 09/01/2009 8:54:32 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: La Lydia

The head of the Mass GOP said that they will file suit if they try to appoint someone.


16 posted on 09/01/2009 8:55:23 AM PDT by Andy'smom (The liberation of Massachusetts has begun...)
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To: La Lydia

The constitutional prohibition on ex post fact laws is in regard to criminal law - in other words no one can be punished for a crime which was not defined in the law as a crime at the time the act was committed. This is not a criminal law issue. there is no punishment here - this is merely procedural and administrative in nature, so the prohibition on ex post fact laws does not come into play.


17 posted on 09/01/2009 8:57:25 AM PDT by Wally_Kalbacken
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To: kenth
Ha ha....you're right.....anyway, a state that would simultaneously elect a John Kerry, Edward Kennedy, and a Barney Frank is eff'd anyway....they are beyond hope...

This is a very ironic state to which this state has come from the first opening shots of the Revolutionary War.....their forefathers,mothers, etc. must be spinning in their graves. Hey, maybe they can harness all of that rotational motion as a renewable energy source!!!!

18 posted on 09/01/2009 8:57:37 AM PDT by Gaffer
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To: SpeakToPower
Deep thoughts from the typical leftist Masshole:

"But his brothers were murdered! Camelot. Something. The poor. I don't know. It's his right to say who should decide should get his seat. His brothers were murdered! The poor!"

19 posted on 09/01/2009 8:58:52 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: SpeakToPower
If the good citizens of the Commonwealth of Massachusetts can let a drunk walk away from a manslaughter charge without a public hearing, ex post facto laws are a day at the beach.
20 posted on 09/01/2009 8:59:30 AM PDT by Pharmboy (Who ever thought we would long for the days of the Clinton administration...)
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