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pawlenty Thinks he Can Appoint A "Temporary" U.S. Senator???

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Dinger Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 09:22 AM
Original message
pawlenty Thinks he Can Appoint A "Temporary" U.S. Senator???
Edited on Sat Dec-20-08 09:22 AM by Dinger
Just saw something about it on CNN Headline News. Can't find a like yet, sorry.

What the fuck?? This BETTER not happen!!
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Blarch Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 09:24 AM
Response to Original message
1. Fuck him.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 10:24 AM
Response to Original message
2. He could contend that a delay past the seating of the next congress
constitutes a vacancy, and then under Michigan law (http://www.legislature.mi.gov/(S(a13jao55140chs551c52wqyr))/mileg.aspx?page=getObject&objectName=mcl-168-105) he could appoint a one year position until the next election.

The problem with that argument is that this election will be resolved and then there will be two senators for that seat, one elected and one appointed. His argument falls apart at that point.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 10:25 AM
Response to Original message
3. Actually, he can
If the race is not determined by January 6, he gets to appoint somebody until the race is determined.

The Constitution and Minnesota law dictates he can do that.
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Blarch Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 10:26 AM
Response to Reply #3
4. Is that so.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 10:27 AM
Response to Reply #4
5. He might not want to do it, though.
Edited on Sat Dec-20-08 10:28 AM by IWantAnyDem
The Senate would be well within their rights to not seat the person he appoints.

He could then take it to court, but the race would be determined before the outcome of the lawsuit would be known.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 10:41 AM
Response to Reply #3
7. Actually doing so would create a rather confused situation.
The Michigan law (see my link above) states that such an appoint runs until Dec 1 of the following year and that the election of the preceding November fills the seat. There is no provision in the law for a temporary temporary appointment that would vacate when the election was resolved. I think Pawlenty is taking out of his ass and has no authority to make this appointment.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 10:45 AM
Response to Reply #7
8. Michigan law doesn't mean dick
Edited on Sat Dec-20-08 10:46 AM by IWantAnyDem
Pawlenty is governor of Minnesota.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 10:50 AM
Response to Reply #8
9. ah good point
I will go and quietly commit suicide now
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qazplm Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 10:31 AM
Response to Original message
6. not one that would be seated
he can try but congress will either not seat such a person, or seat them and then expel them.
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