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Brown win could spark legal battle
Politico ^ | January 17, 2010 | Chris Frates & Manu Raju

Posted on 01/17/2010 6:27:11 PM PST by jazusamo

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To: jazusamo

Susan Collins and Olympia Snowe need to stay in the Republican fold.


21 posted on 01/17/2010 6:44:26 PM PST by BAW (I'm right.)
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To: jazusamo

HE SHOULD show up at the Senate and assume his seat. And stay there unless security carries him out...This is bull sheeet...

This is out country...This is our Country... This is our country...


22 posted on 01/17/2010 6:44:49 PM PST by nikos1121 (Praying for minus 24 today....at least minus 23...)
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To: Mobties

The current elections are an omen of what’s to come in November and the Rats don’t like it.


23 posted on 01/17/2010 6:44:49 PM PST by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: jazusamo
...academic election law experts contacted by POLITICO refuted the notion...

It's no surprise that Politico didn't seek out law experts who subscribe to the Senate precedents laid out in this article, Can Senator Kirk Vote after January 19?

-PJ

24 posted on 01/17/2010 6:46:57 PM PST by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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Comment #25 Removed by Moderator

To: jazusamo

Then they will try to get the House to pass the thing the Senate has already passed and send IT to Obama.

Pathetic.


26 posted on 01/17/2010 6:47:30 PM PST by GeronL (http://tyrannysentinel.blogspot.com)
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To: ChrisInAR
Evidently in the 1930's the Senate itself gave an interpretation of the relevant section of the 17th 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.

which held that the moment a new Senator is elected, the appointed Senator is no longer a Senator.

If this was incorporated into the Senate rules, it would take 67 Senators (or 66 if one is missing) to change the rule.

27 posted on 01/17/2010 6:47:32 PM PST by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
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To: jazusamo

Weekly Standard quote below... I thought there was legal precedence that firmly establish Kirk term ends after the election, along with a pesky amendment to the Constitution.
____________

The Republican lawyers also said Senate precedent is clear on when a new senator’s term begins and the term of an appointed senator ends. In a number of cases, the pay of a senator who replaces an appointee was determined to begin on the day after the senator’s election.

When Republican John Tower of Texas was elected to the Senate in 1961, he wasn’t certified until April 17. But his pay as a senator began on April 2, the day after his election. Strom Thurmond was elected senator from South Carolina in 1956, succeeding an appointed senator. A resolution introduced by then-Senate Majority Leader Lyndon Johnson established his Senate term to have begun the day after his election, weeks before his certification.


28 posted on 01/17/2010 6:49:23 PM PST by BushCountry (We divide into those who want people to be controlled and those who have no such desire.)
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To: jazusamo

Wow, 26 posts and no captain obvious pic.....


29 posted on 01/17/2010 6:49:35 PM PST by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM where are you?)
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To: jazusamo

Ted Kennedy November 7, 1962(Special election)- August 25, 2009 (Died)

Gee, old Ted got to be a Senator the day of the election. Imagine that!


30 posted on 01/17/2010 6:49:46 PM PST by cotton1706
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To: shield

Thanks for the links!! BFLR & BTTT !!


31 posted on 01/17/2010 6:51:01 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: jazusamo
Question: Why are Senators elected via special election paid back to the date of the election if they are not considered to be the Senator until the election is certified weeks later?

Answer: Because that was then and this is now and Obama won and we say so.

-PJ

32 posted on 01/17/2010 6:51:16 PM PST by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: jazusamo

Could someone do a timeline on this. As I recall, after the Dems agree with each other on their compromise bill, the CBO has to score it, which can take 10 days. While there may be a Dem compromise regarding taxation of Cadillac plans, I don’t think any compromise has been reached regarding abortion funding.

If Brown wins, then as I understand it, he has to be certified within 10 days.

So if the Dems don’t reach agreement on a compromise by Tuesday, and send it to the CBO, then it appears that Brown will be certified and sworn in before the compromise bill can be voted on.


33 posted on 01/17/2010 6:52:08 PM PST by JBird77777
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To: Eddie01
Brown win could spark civil war.

I'd be happy with a second revolution < /s > (kind of)

34 posted on 01/17/2010 6:52:35 PM PST by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM where are you?)
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To: jazusamo

I welcome the Democrats bringing all sorts of legalese into the Brown election if he wins. It will just substantiate the fact that the Democrats will stop at nothing to ram this down the electorates throat. If that happens maybe the country will turn viciously against all Democrats and the President and start a rabid reversal of what has been going on.


35 posted on 01/17/2010 6:53:18 PM PST by vetvetdoug (FUBO, a fashion statement for conservatives.)
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To: Eddie01

In the end,the weather might decide the victory.


36 posted on 01/17/2010 6:53:33 PM PST by RobbyS (Pray with the suffering souls.)
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To: cotton1706
"Ted Kennedy November 7, 1962(Special election)- August 25, 2009 (Died)"

"Gee, old Ted got to be a Senator the day of the election. Imagine that!"


37 posted on 01/17/2010 6:54:53 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: jazusamo
Delaying it, Schultz said, would be the same situation as if Pawlenty refused to sign an election certificate for Franken. “

No.
There was not some unelected, appointed guy serving in Franken’s position in the US Senate at the time while the matter was being settled. The seat was empty.
Trust Democratic Party shill “Politico” to go and quote only loont left, 0bama bot law professors.

38 posted on 01/17/2010 6:56:08 PM PST by SmokingJoe
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To: RobbyS

Then Scott wins....Martha folks aren’t near as dedicated as Brown supporters.


39 posted on 01/17/2010 6:56:19 PM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: jazusamo

Publish the home addreses of the Democratic maching canditates and let the protesting begin.


40 posted on 01/17/2010 7:00:40 PM PST by samadams2000 (Someone important make......The Call!)
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