Just curious: when the MA legislators passed the law that a vacancy be filled

[question everything]

through special elections - which, I think, should be for all states - why didn't they include an interim appointment? Were they not concerned about MA having only one senator for several months then?

Oh, and before you start flaming, I was represented by only one senator for six months!

[Recursion]

1. Mitt Romney is why NT

[brendan120678]

2. Exactly...

They did not want Mitt naming a Republican to fill Kerry's seat, had he won in 2004.

[question everything]

7. Even for several months, until special elections were going to take place?

I understand the part of preventing Romney to appoint someone to serve for two years, or so. But as long as they voted to call for special elections, why not allow the governor to appoint someone for several months - the way they want to do it now?

What will happen when the next governor is a Republican?

[Mystayya]

10. That is indeed the question

Anyway you look at it it is hypocritical. IMHO the law was poorly thought out when they changed it the first time.

[robo50]

24. I guess you don't know much about that Romney guy, he lies

cheats and steals. He would have appointed himself, or his son, and there would have been no prohibition having that guy run for election a few months later.

Here's what is different now, the general agreement is that the person appointed in the interim will NOT run for election.

The law was poorly thought out, and Mass was sure Kerry would have won the Presidency. Having one SENIOR NATIONALLY RECOGNIZED Senator, Kennedy, and one President of the USA, Kerry, the people in the Mass legislature were sure that Mass would be well represented in the US Senate for about 5 months, two of which were when congress would not be doing anything, waiting for Kerry to move into the White House.

We all know it was foolish NOT to allow for an interim appointment NOW, in hindsight, but back then Romney was a fairly popular Governor, who just might have appointed himself Senator, and run with all his millions for election against less well known Dems.

[question everything]

27. No, I don't. Still, it leaves a bad taste in the rest of the county

for the games that Democrats play... not that Republicans in Texas were any better.

Yesterday a Democratic member of the house was interviewed and he said that he wants to include in the pending law that an appointment will be made only after the deadline for filing, so that the governor will not appoint anyone on that list.

[marshall]

22. lack of foresight

They didn't envision a time when they might have a Democrat in the state house..

[endarkenment]

3. They were concerned about carpet bagger mittens screwing them.

And us. And the Franken debacle is a perfect illustration of how a party determined to screw the system can do so for months on end.

[liberalpragmatist]

4. Right, they didn't want Romney appointing even an interim Republican

Especially because prior to the '04 election, some people were projecting a 50-50 Senate.

Of course, what they should have done is specified that the interim appointment need to be of the same party, which some states do.

[LiberalFighter]

5. Probably also because they didn't bother reading the Constitution?

Amendment XVII

The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.

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.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

[Eric J in MN]

6. "may empower" doesn't mean "shall empower" (NT)

NT

[ellenfl]

8. basically it does since it is a form of 'should' and therefore

does not require comformity. attorneys like to leave everything open to interpretation. i prefer to use 'will' instead of shall because it is more clear. and because i think 'shall' is archaic.

ellen

[endarkenment]

14. Not all states have interim appointments, so it seems you are not correct.

[ellenfl]

17. not correct about what? grammar? eom

[LiberalFighter]

13. I know... but if they had seriously considered the legislation

they would had realized that if 5 months exist with a vacancy that something should be considered to at least temporarily have the position occupied. Even a couple of months is too long to allow such an important office to remain vacant.

And the language of the amendment should had been a warning.

[question everything]

15. I think that Senator Feingold is working on having all states

filling a vacancy through special elections, especially after what we've seen in Illinois and in New York earlier this year.

[CTyankee]

16. Wouldn't that require a Constitutional Amendment? nt

[question everything]

18. Yes

To make special elections the law of the land, Feingold is proposing what would be the Constitution's 28th Amendment. Joining him are several prominent House Republicans, including the former chairman of the Judiciary Committee, Wisconsin's James Sensenbrenner.

http://www.npr.org/templates/story/story.php?storyId=100894656

From last February, so I don't know how it has been progressing if, at all. This proposal came to life, again, after Kennedy's letter, of course.

[CTyankee]

23. My experience has been that constitutional amendments have a tough time getting passed.

They've gotta be pretty damn popular all across the country to get them passed. On this proposal, I don't know what public sentiment is one way or the other...

[question everything]

26. I know. But from the same link

"But while many constitutional amendments have been proposed, few actually become law. Elections expert and constitutional scholar Nathaniel Persily of Columbia Law School gives Feingold's proposal a better-than-average chance of passing."

And the sorry news from Illinois, New York and now MA may just convince many to pass it. As I said, this story is from February, however it was mentioned recently in the news, so, maybe...

[Mystayya]

9. They didn't want Romney choosing a replacement for Kerry

In fact Kennedy had alot to do with pushing for that change. As a MA citizen, I'm having a hard time with this one.

[question everything]

12. I think that I would, too.

And... I think that Kennedy should have stepped down right after the inauguration, when he was rushed to the hospital. I think that it was clear to everyone, including himself, that he was not going to be in the Senate chambers - one way or the other. By now you would have had the elections and a new Senator ready to vote.

Perhaps Senators Byrd and Specter can get the message.

[Kaleva]

11. Ya sure, you betcha!

What was the question again?

[yodermon]

19. Could a law forbid an interim appointee to run in the next special election?

Or would this be unconstitutional? This way the idea of appointing an "heir apparent" would be moot.

[question everything]

20. One Democratic representative wants to do exactly that

As they are going to debate and vote on appointing an interim Senator, he wants the governor to wait with an appointment until after the deadline for filing and to appoint someone who will not be a candidate.

[Hippo_Tron]

21. They should have passed a law similar to the one Wyoming has

That the governor has to appoint a senator of the same political party as the senator that left the seat vacant.

[robo50]

25. You do realize that a law like that would be challenged in court..

by Republicans in Mass, don't you?

Remember Romney wanted the gay marriage court decision put to a vote.... Republicans get in the way of anything they don't like.