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One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Friday, January 29, 2010

Why Is Scott Brown’s Predecessor Still Voting on Legislation?

Ed Drisco is asking an important question that most conservatives are asking: "Why Is Scott Brown’s Predecessor Still Voting on Legislation?" Drisco details:
The Boston Herald reports that the GOP’s Scott Brown, Massachusetts’ newest senator, is scheduled to be seated by February 11th:
U.S. Sen.-elect Scott Brown is expected to be seated in the U.S. Capitol by Feb. 11 despite past precedent that had U.S. Rep. Niki Tsongas (D-Lowell) seated within two days of her election.

Brown isn’t concerned about the sluggish approval process because Washington, D.C., pols have promised not to try and ram through health-care reform before he’s officially sworn in.

“Scott appreciates that both President Obama and (Senate) Majority Leader (Harry) Reid (D-Nevada) have said that no major action will be taken on health care until he is sworn and seated,” said Brown’s campaign manager, Eric Fehrnstrom.
OK, fine. But at Big Government, SusanAnne Hiller asks, so why is Paul Kirk, his liberal predecessor, still voting in DC?
The Senate has voted on three pieces of legislation today that required 60 votes–to raise the debt ceiling to $14.3 trillion, to reduce the deficit by establishing five-year discretionary spending caps, and Ben Bernanke’s confirmation–all of which interim Senator Paul Kirk (D-MA) has voted on. In addition, there have been other Senate votes since Scott Brown was elected as Massachusetts senator that Kirk cast a vote.

The main question here is: why is former Senator Kirk still voting on these legislative pieces? According to Senate rules and precedent, Kirk’s term expired last Tuesday upon the election of Scott Brown. Furthermore, Massachusetts law can be interpreted, according to GOP lawyers, as:
Based on Massachusetts law, Senate precedent, and the U.S. Constitution, Republican attorneys said Kirk will no longer be a senator after election day, period. Brown meets the age, citizenship, and residency requirements in the Constitution to qualify for the Senate. “Qualification” does not require state “certification,” the lawyers said.
Additionally, as reported in the Weekly Standard and investigated and confirmed by GOP lawyers:
Appointed Senator Paul Kirk will lose his vote in the Senate after Tuesday’s election in Massachusetts of a new senator and cannot be the 60th vote for Democratic health care legislation, according to Republican attorneys.
As Hiller asks, “Why is the GOP allowing the Democrats to blatantly violate Senate and election rules and laws? Where is the GOP leadership? Will Kirk’s votes stand?  Massachusetts voters deserve an explanation as does the rest of the country for this blatant abuse of power.”

H/T to NetRight Nation for calling attention to Ed Drisco's article.

Tags: Scott Brown, US Senate, voting To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Posted by Bill Smith at 9:20 PM - Post Link

4 Comments:

Anonymous Ravishing Wunder said...

Thank you for all the great articles, Terry.

1/31/2010  
Anonymous Susan Wellington said...

Perhaps you should study more of Hitler! You would understand how misinformed you are! The RNC is not the problem. People who do not get involved and unite are the problem. The Tea Party and the US Constitution Party and Independents are uniting across the country with the RNC I hope everybody wakes up and reads www.spinpolitico.com

1/31/2010  
Anonymous William Cross said...

Actually, no. They are not uniting with the RNC. The attempt to align us with the RNC on a national level failed for that exact reason. Which part exactly of the tea party motto "No parties, just beliefs" did you fail to comprehend? You obviously know nothing of what you speak of.

Oh, and the RNC has not been about conservative values or liberty for quite a long time. There was a brief period where we all thought it would get there under Reagan, but it went right back to business as usual after him sadly. So yes, fix your party or lose.

1/31/2010  
Blogger Bill Smith said...

I believe we can understand Cross' viewpoint to some degree since he is a member of the Libertarian Party. I find it quite odd when Libertarians spend so much time casting their aspersions against Republicans.

While most in the libertarian party like most Republicans are fiscal conservatives, the key complaint of Libertarians about Republicans is that they even exist at all. However, many libertarians have even more contempt for those who are Constitutionalists because they are my nature also expect people to follow "rules and guidelines." It is the Libertarians who hope to morph the citizens effort in the TEA party effort to their cause while failing to read all of the signs shared by most of us at these events.

The RNC is really nothing to most Republicans. Just an org at the top who accomplishes little except fund raising. I wish they were better. But the GOP members being conservatives (social, economic, National Defense or variations of the three) have also by their nature been independent thinking and therefore grassroots effort offering each other big tent to associate within.

In the Last elections, it was not the Republican voters that gave us Obama. However, there were many Libertarians who proudly voted for another real loser Bob Barr and thus aided in the election of Barack Obama. While I was not as happy with having McCain on the ticket as I would have been with others, I would have been very unhappy with the likes of Barr doing the same as Obama - placing our county at risks from terrorists.

1/31/2010  

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