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.
Using this interpretation, Kirk cannot vote on any other legislation. Moreover, further analysis by Michael Stern concludes:
The Senate subcommittee and committee concluded, based on its hearing and review, that “the term of service of a Senator appointed to fill a vacancy in an unexpired term ends on the day when his successor is elected by the people.” 1939 Congressional Record, p. 998. There was evidently no controversy among either the subcommittee or full committee regarding this legal conclusion, and the committee then presented a resolution to the Senate for adoption, expressing the view that Berry’s term of service expired on November 8, 1938, the date of the special election. As Senator Connally, a member of the subcommittee, explained to the Senate, the fact that the Tennessee statute purported to extend Berry’s term until the qualification of his successor was of no force because the statute was “plainly in conflict with the provisions of the seventeenth amendment.” Accordingly, the Senate adopted the proposed resolution without dissent. 1939 Congressional Record, p. 1058.
Based on this authority, it would appear that a valid point of order could be raised as to Senator Kirk’s participation in Senate proceedings after January 19, 2010.
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.
Crossposted at Big Government
Steve Maley
KnightsofMalta
A few reasons right off the top.......
Kenny Solomon (Diary) Thursday, January 28th at 5:37PM EST (link)1. “Yes we can.”
2. “I won.”
3. The rule of law means less than nothing to anyone in the current administration.
4. Republicans in office are complicit.
and....
hoohoohaa Thursday, January 28th at 10:25PM EST (link)5. Republicans in office are incompetant
You Forgot Somethings
dimbulb Friday, January 29th at 1:14AM EST (link)Typical bitter Jewish God-clinging gun owner…
You forgot racist, knuckle-dragging, tobacco-spitting, butt-scratching, misogynist. Or does the left give you Jews a pass on these canards in order to prove how open their minds are?
Only one error, dimbulb.
Kenny Solomon (Diary) Friday, January 29th at 4:46AM EST (link)Hi:
Can’t argue with your logic, because your commentary is exactly what I was thinking when I came up with my signature (although Mr. Lane here at RedState is responsible for the tag ‘barking-mad insane’).
One factual error though: I don’t do tobacco. Never liked the taste. A little bit of good Scotch every so often, maybe a Guinness here and there…..
Oh well. I’d chat more, but it’s getting close to 5am and I gotta go make the bagels for all my fellow human-organ-harvesters.
Y’all take care now dimbulb, ya hear ?!?
Cheers !
Kenny, extra lox for the wife and kids this morning
CincoSolas_del_Bronx (Diary) Friday, January 29th at 9:15AM EST (link)Maybe dimbulb could contribute, eh? (WINK, WINK)
Those dreading urbanization should remember that though the Kingdom of God first appeared in a temporal Garden, at the end of the book it is established in an eternal City. (paraphrase, James M. Boice)
soli Deo gloria
Whoopsie.......
Kenny Solomon (Diary) Friday, January 29th at 12:22PM EST (link)Me no marriaged……. and I don’t have any kids (at least my attorney keeps saying I’m clear).
As for breakfast, how’d ya know ? Seriously – Bagels, etc.
Uh, that was for MY wife and kids ...
CincoSolas_del_Bronx (Diary) Friday, January 29th at 12:38PM EST (link)Us misogynists get that a lot when we says “the wife”
Those dreading urbanization should remember that though the Kingdom of God first appeared in a temporal Garden, at the end of the book it is established in an eternal City. (paraphrase, James M. Boice)
soli Deo gloria
Jeez, I need coffee before I read and respond.....
Kenny Solomon (Diary) Friday, January 29th at 12:43PM EST (link)If Brian and mschmitt are right, hold the lox -nt-
CincoSolas_del_Bronx (Diary) Friday, January 29th at 10:08AM EST (link)Those dreading urbanization should remember that though the Kingdom of God first appeared in a temporal Garden, at the end of the book it is established in an eternal City. (paraphrase, James M. Boice)
soli Deo gloria
Please go away and blog someplace else....
yoyo (Diary) Friday, January 29th at 8:59AM EST (link)Please.
Just go.
You have been here just over 4 days, this is your second post, and if the rest of us are lucky, we will not remember you were here.
Please. Buh-bye.
Nemo me impune lacesset
“No one will provoke me with impunity!”
=============================
Pukin’ Dogs – The Fighting 143
Sans Reproache
=============================
The ‘yoyo’ replaced my cigarettes January 22, 2006….
Neil- dimbulb the racist needs to get whacked
Scope (Diary) Friday, January 29th at 9:25AM EST (link)n/t
I think he was being sarcastic
Brian Hibbert (Diary) Friday, January 29th at 9:28AM EST (link)and trying to expand on Kenny’s signature.
Candidate for Trustee of Illinois Central College
Socialism doesn’t work. It looks nice on paper, but it’s been tried and it’s failed miserably every time (usually accompanied by widespread death and suffering).
Proud member of the V.R.W.C.
Take back our party!
Check out Unified Patriots
A touch too quick on the draw this time, yoyo/Scope.
mschmitt (Diary) Friday, January 29th at 9:55AM EST (link)(But I love your enthusiasm)
usque ad finem
I concede - if you are right, but ...
yoyo (Diary) Friday, January 29th at 11:04AM EST (link)one can hardly blame us (Scope and I) given the vast history and number of comments that dimbulb has here at RS.
…Personally, I think that sarcasm should wait until your 6th full day and third post, just so no one gets the wrong impression. You know? LOL
If I am wrong, then I am sorry dimbulb.
Nemo me impune lacesset
“No one will provoke me with impunity!”
=============================
Pukin’ Dogs – The Fighting 143
Sans Reproache
=============================
The ‘yoyo’ replaced my cigarettes January 22, 2006….
Totally understandable...
mschmitt (Diary) Friday, January 29th at 4:22PM EST (link)… I would prefer people have a proven record of supporting Israel’s right to exist and/or acknowledge that the holocaust happened and/or support a Jew’s right to live and/or be documented equal opportunity offenders, before invoking a phrase such as “you Jews”; but hey, Rome wasn’t built in a day.
usque ad finem
Just ONE more reason to vote the socialists out
izoneguy (Diary) Thursday, January 28th at 5:39PM EST (link)These are the people’s seats – Not Obama’s seats.
The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.
izoneguy, just one more reason
Stephen Halsey (Diary) Thursday, January 28th at 6:51PM EST (link)to vote out most Republicans, too. Why they are standing by allowing this to happen is beyond me. They are either:
1. emasculated (figuratively speaking, of course)
2. dull
3. or complicit in the DC corruption (like Kenny said above)
or maybe they are all three, I dunno. I do know that unless there is a wholesale cleansing of most of the 535 in Congress, things won’t change much when the GOP wins back control of both houses this fall, unless we can change leadership, esp. in the Senate. Sens. DeMint, InHofe and Coburn seem to be the only ones consistently carrying the conservative banner. Adding Marco to the mix will certainly help.
Hit hard. Hit fast. Hit often.
http://twitter.com/stephen_halsey
izoneguy did say "the socialists"
Raven (Diary) Thursday, January 28th at 8:53PM EST (link)That Does include a good many GOP senators, last I checked…
“If you do not have a sword, sell your cloak and buy one.”
Luke 22:36
You are correct!!!!
izoneguy (Diary) Thursday, January 28th at 9:07PM EST (link)When I say Socialists I mean folks like John McCain.
Mr. McAmnesty needs to go. If he won’t go quietly we will push & push hard. Giving citizenship to 12-30 Million folks who have not earned it is like giving your country away.
http://gatewaypundit.firstthings.com/2010/01/figures-obamas-socialist-advisers-are-behind-his-push-for-immigration-reform/
At the “progressive” America’s Future Now! conference in Washington, DC on June 2, 2009, SEIU International Executive Vice President Eliseo Medina addressed attendees on the issue immigration reform.
The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.
Illegal immigration is eating CA alive
renny (Diary) Thursday, January 28th at 9:37PM EST (link)CA has a $20 billion budget deficit:
1. 40% of all workers in L. A. County ( L. A. County has 10.2 million people)are working for cash and not paying taxes. This is because they are predominantly illegal immigrants working without a green card.
2. 95% of warrants for murder in Los Angeles are for illegal aliens.
3. 75% of people on the most wanted list in Los Angeles are illegal aliens.
4. Over 2/3 of all births in Los Angeles County are to illegal alien Mexicans on Medi-Cal, whose births were paid for by taxpayers.
5. Nearly 35% of all inmates in California detention centers are Mexican nationals here illegally.
6. Over 300,000 illegal aliens in Los Angeles County are living in garages.
7. The FBI reports 50% of all gang members in Los Angeles are most likely illegal aliens from south of the border.
8 Nearly 60% of all occupants of HUD properties are illegal.
9. 21 radio stations in L. A. are Spanish speaking.
10. In L. A. County 5.1 million people speak English, 3.9 million speak Spanish.
(There are 10.2 million people in L. A. County.)
From the LA Times, not exactly a cons. source.
And the socialists want to eat America alive by bringing this infestation to the whole country
izoneguy (Diary) Thursday, January 28th at 11:35PM EST (link)If I were President we would be invading Mexico.
Screw what the left would say. Screw the left period.
Throw them all to the wolves in Mexico.
The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.
This is the exact reason that GOP
Bill Thursday, January 28th at 9:50PM EST (link)lost the Senate years ago. THEY HAVE NO LEADERSHIP IN THE U.S. SENATE!!!!!!!! Republicans and Independents who are conservative thinking are sick and tired of this. All those Senators who have been there more than 1 term SHOULD RETIRE. Let some fresh new faces get there who will have a spine and stand up to the SOCIALISTS, MARXISTS, COMMUNISTS of the LEFT WING of the DEMOCRAT PARTY and vote to enforce the CONSTITUTION and the rules of the SENATE. If or until the GOP starts doing what they should do and STAND UP AND BE HEARD, then the GOP will not have control of the SENATE in the near future. If they were to win control again, they had better find a person with GONADS or LOTS OF ESTROGEN to stand up and be COUNTED.
Thank God! November 3, 2010. U.S. House, GOP 290, DEM 145; U.S. Senate, GOP 70, DEM 28, IND 2. Keep on praying!
Iam not going to vote for that rino Carly Fionino/nt
larryp Friday, January 29th at 10:07AM EST (link)Kirk Voting?
karenmartin (Diary) Thursday, January 28th at 6:11PM EST (link)Yes I’m stupefied! it seems this has been examined and researched since last Tuesday JUST for this very event and yet … NO OUTCRY!~!
Unless those who researched and said it would not be legal are wrong?
WHERE IS OUR LEADERSHIP?
will it truly take pitchforks?
http://twitter.com/karmartin
www.spartanburgteaparty.org
"...will it truly take pitchforks?"
edintexas Thursday, January 28th at 6:45PM EST (link)YES! Though hopefully not more than pitchforks.
Face it, most of the Senate Republicans are quite comfortable being in the minority, and were more or less subservient to the Democrats even when there was a Republican majority.
Forgot to Add
edintexas Thursday, January 28th at 6:49PM EST (link)That almost Senator Brown knows this. At least that might be the reason he let the MSM know he told the Republicans “Don’t count on my vote!”
It is good that his election sidetracked Obamacare (it obviously didn’t kill it, only driving a stake through Pelosi will do that), but there is some possibility we may find we financed a male version of Snowe or Collins.
"...will it truly take pitchforks?" Yes!! Yes!! It Will
izoneguy (Diary) Thursday, January 28th at 6:54PM EST (link)I am thinking of starting franchise locations for “Pitchfork Kisok’s”
the first location will be outside of the Capitol. Who want’s to buy that one?
The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.
edintexas
sta46 Friday, January 29th at 1:46AM EST (link)there is, in fact, a way to drive a stake through Pelosi’s heart and I am actually quite STUNNED that no enterprising member of the House has brought it forth… either a conservative Republican or Blue Dog Dem… especially one of the ones about to retire.
I don’t know what the title of the procedure is but House rules provide for “a resolution presenting a question of privilege to declare the speakership vacant based on ‘preserving the dignity and the integrity of its proceedings’. ”
SHE COULD BE GONE… taking all her plastic surgery (I swear when she smiles she looks like she is in a wind tunnel) back to Napa where I’m sure HER grapes are being watered. I don’t know about you, but I do not consider back room deals and bribes to display integrity… I do not consider the swearing in of the Rep from NY 23 when she had been NOTIFIED by the election committee that they had not yet certified him but she needed his vote to be a display of integrity. If any of you live in districts where a conservative is retiring please try to prevail upon him/her to do this for the American people on the way out of DC.
pitchforks might be all we have left
sta46 Friday, January 29th at 1:48AM EST (link)track HR 45 titled Registration and the Citizens Disarmament Act
Ha, the government has not stopped criminals from getting guns
izoneguy (Diary) Friday, January 29th at 9:06AM EST (link)All an act like that would do is drive gun sales into the black market.
Remember prohibition? Obama’s time window is running out.
The tide is turning against him and he knows it. He is acting like a demorat trapped in a cage.
The point cannot be made often enough: Modern liberalism, as embodied in the Obama presidency, is the defender of the status quo. And the status quo is a road to economic ruin. Political forces cannot redistribute the wealth that the economic system does not produce.
FWIW -
muffin Thursday, January 28th at 7:20PM EST (link)I send an email to Mitch McConnell with the proper justification why Kirk’s votes should be null and void. I doubt that McConnell responds, but I will also email and call George LeMeiux to see if he will do anything about this.
This is illegal! I know Congress is trying to run rampant over our Constitution, but we cannot allow this. Everyone please contact your Senators.
Fortitudine vincimus – By endurance we conquer
Me, too.
renny (Diary) Thursday, January 28th at 9:40PM EST (link)I emailed McConnell and asked why is this happening.
Senator McConnell is a go along and get along
Bill Thursday, January 28th at 9:56PM EST (link)GOPer who has been there too long! Can we say spineless chicken who can’t walk by a camera that he doesn’t stop by to “look pretty and say I’m the minority leader”. Has he even looked at the Senate Rules or does he know that the GOP lawyers did research on this last week? Can we say McConnell et al of the “GOP LEADERSHIP in the Senate” have theire “Pants on the Ground” and their heads in the SAND?????
Thank God! November 3, 2010. U.S. House, GOP 290, DEM 145; U.S. Senate, GOP 70, DEM 28, IND 2. Keep on praying!
but
sta46 Friday, January 29th at 1:49AM EST (link)Jim Demint is NOT and you can get emails through to him even if you are outside his district.
George LeMieux?
rcov092 (Diary) Friday, January 29th at 1:18AM EST (link)Do not hold your breath. Wasting space for Florida.
“Not One Red Dime for the NRSC or NRCC till they stop trying to elect liberals”
Join the RedState Strike Force
Hey- We knew we would be screaming about Brown
Scope (Diary) Thursday, January 28th at 8:00PM EST (link)as we were supporting him and sending him our hard earned money. Yes, the Republican leadership needed to speak up. They haven’t shown any sign of that yet. The bigger problem is- Brown has already said that he will “wait” until the Feb. 11 date, I guess that’s when the Sec. of State will certify the vote. He very vocally said that he needed the time to “get his family in order” and to “get a staff in order.” He isn’t in any hurry, even though others in the state have been seated, and voting, within days of their election. Has anyone heard anything from Brown concerning these votes? I didn’t think so. I must wonder how many more votes will come and go before Brown has everything in order to get his butt to Washington.
ps- Who exactly is it that now sees Brown as Presidential material?
Scope (Diary) Thursday, January 28th at 8:02PM EST (link)this is Republican desperation.
i'm all in
sta46 Friday, January 29th at 1:51AM EST (link)for Demint
None of the fearless Republicans take a stand on Kirk
ColdWarrior (Diary) Thursday, January 28th at 8:26PM EST (link)because those up for re-election have not seen enough of a threat to their re-election chances — not enough conservatives have invaded the Republican Party in the precinct committeeman ranks.
Although, here in Maricopa County, where we went from having only 31 per cent, or 1,989, of the existing 6,231 PC slots filled on Election Day, 2008, to having 3,326, or 53 per cent, filled on Jan. 16, 2010, and almost all of the new PCs coming from the Tea Party and other grass roots organizations, perhaps that’s the reason why John McCain felt the need to start calling PCs months ago, asking for their support. John McCain felt the need to place radio ads on all the conservative talk radio stations, attacking J.D. Hayworth, who wasn’t even an announced candidate. And John McCain felt the need to come on the radio again today to defend the ads he placed on J.D. Hayworth’s old station.
We have to give the incumbent Republican senators some reason to fight, and the BEST way to give them that reason is to make them believe the majority of the grass roots of the Party itself, the precinct committeemen, might not support them. Under the status quo, they have about a 90 per cent probability of getting re-elected. Change the make up the Party, from a half-strength party split about 50-50 in the PC ranks between conservatives and moderates, to a full-strength Party, with a 75-25 ratio in favor of conservatives, and now that re-election probability percentage has gone way down.
Case in point. At the Maricopa County annual meeting in November, 2008, I’m told about 1,100 precinct committeeman attended and voted. I was there and voted. (At that meeting, those 1,100 PCs WERE the Party, not the remaining 693,000 registered Republicans in Maricopa County who were merely registered voters, but not elected precinct committeemen.) The conservative candidate for chairman beat the long-time moderate candidate by only 20 votes. At our annual meeting on Jan. 16, 2010, that same moderate candidate, well-known as a moderate McCain supporter, a former mayor of Chandler, AZ and a sitting Legislative District chairman, ran for one of the five “at large” Executive Guidance Committee positions. Also running were five candidates on a “Conservative Slate,” two of whom had never run for the position and one of whom had become a PC only as recently as 2008. The well-known McCain moderate got less than 6 per cent of the vote, the five “Conservative Slate” candidates received over 82 per cent of the vote and won the five slots.
In other words, the infusion of the over 1,000 new precinct committeemen, most of whom were conservative, joined with the other conservatives already in the Party to vote in new consevative leaders and reject the candidacy of the long-time McCain supporter.
You can see the actual vote tallies here:
http://renewliberty.org/2010/01/16/maricopa-county-republican-committee-mandatory-meeting-held-on-january-16-2010/
Learn more about becoming a precinct committeeman at www.theprecinctproject.wordpress.com.
Thank you.
ColdWarrior
No More Scozzafavas.
P.S. One of our conservative state legislators announced a couple of days ago that she was resigning her seat in the state legislature to run for Congress. Guess what? The precinct committeemen get to help decide who ought to fill her vacancy in the legislature. The more conservatives that are PCs in that legislative district, the more likely it will be that the departing state legislator will be replaced with another conservative. Another example of the power of the precinct committeeman.
In 2012, will YOU become a “voting member” of the Republican Party in your precinct?
Where it all started. Twitter @kaltkrieger
Unified Patriots.
Learn how to GOTV at The Concord Project and at Procinct and
Hey, I remember good ol' Jerry from when I used to *live*
eburke (Diary) Thursday, January 28th at 8:54PM EST (link)in Chandler.
Talk about a moderate, good ol’ boys squish.
Way to take him down, CW!!
Oh, and 5 days and counting before the local precinct meetings here in tundra land. I can’t wait
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
Here's what I find hilarious (or disgusting) about all this.
eburke (Diary) Thursday, January 28th at 8:36PM EST (link)Remember right before Christmas when McConnell caved on when the HCR vote was going to take place? Some doofus senate staffer got on here and started sanctimoniously and condescendingly chastising all us ‘hayseed hicks’ for being so stupid as to not understand all the nuances and intricacies of power in the halls of Congress.
After getting his a$$ handed to him in no uncertain terms by legions of RSers, I will *never* forget one of his closing statements: “You have *no* idea what we won in those negotiations. The Democrats gave up *lots* in exchange for moving a vote that everyone knew the outcome of by a few hours.” And then he specifically mentioned this debt ceiling vote being a ‘political killer’ for the Dems.
Yeah, wunderkid, this looks like a really politically devastating vote for them. It let them get the whole debt ceiling debacle passed in one fell swoop so that they don’t have to do it again before the election. Now, your feckless leaders *could* have made this a big hairy deal by causing a ruckus about Kirk voting after the election which would have called massive media attention to this massive increase in the debt ceiling at a time when the public has had it up to here with deficits. But no…they opted for the Marques de Queensbury rules AGAIN!
But hey, what do we know…we just hide behind our computer keyboards (another one of his memorable lines) and just can’t understand your genius.
In fact, you guys played won such a huge victory with this because of the sheer brilliance of your tactics that I expect Sun Tzu to raise from the dead any minute so that he can pen the genius of your tactics into the pages of the Art of War.
Idiots!
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
Sen. Kyl gave me the same lame response about the debt ceiling vote
ColdWarrior (Diary) Thursday, January 28th at 10:50PM EST (link)when I asked him about why the Republican senators did not fight tooth and toe nail under the existing senate rules, citing the quorum rules, demanding the reading of the bills three times, reading of all amendments, etc., etc. Oh, my goodness, I just didn’t understand, he said, those courageous Republican senators, with their “amendment strategy,” forced those rascally Dems into so many untenable voting positions, and the cunning Republican senators really, really did invoke every possible senate rule to slow down the passage of the bill and buy time, and to top it off, they did something really, really smart by letting everyone go home early, and just you wait until January when we really muck things up with that debt ceiling debate!
I wrote about it here.
Pathetic. And foolish.
Thank you.
ColdWarrior
No More Scozzafavas!
In 2012, will YOU become a “voting member” of the Republican Party in your precinct?
Where it all started. Twitter @kaltkrieger
Unified Patriots.
Learn how to GOTV at The Concord Project and at Procinct and
Apparently our editors here at RS have decided
The_Rebel (Diary) Thursday, January 28th at 8:50PM EST (link)Kirk is still legally a Senator, despite evidence to the contrary. Why else would the word “former” have been edited out? An explanation seems to be in order.
Not the RS editors, it's called...
SusanAnne Hiller (Diary) Thursday, January 28th at 9:01PM EST (link)Sarcasm, special effects, snark. He is not legally allowed to vote, read the laws. Yours truly ~SA
~SusanAnne
@susanannehiller on Twitter
Rebel- Don't blame the RS editors
Scope (Diary) Thursday, January 28th at 9:20PM EST (link)Brown himself has said he needs some “time” to open a bank account in DC for his paycheck, pack his luggage, inflate his wife’s tires, find suitable husbands for his daughters, say goodbye to his mostly Democrat collegue Senators, make one more speech extoling Mass. socialist healhcare, get a haircut, get an oil change on his truck, lease an apartment in DC, order new stationary with his DC address, set up utility accounts at his new address, shine his shoes, press his suits and shirts, and make sure the cocktail circuit has his new phone number. Phew, that’s so much more important than getting his arse to Washington to vote against those bills coming up that he said he would vote against. Hey, what’s another trillion added to the debt ceiling.
Sorry, was a little confused that it was not
The_Rebel (Diary) Thursday, January 28th at 9:08PM EST (link)edited out in the title, also.
Reply is my friend.
The_Rebel (Diary) Thursday, January 28th at 9:09PM EST (link)n/t
Guess that's why you're called The Rebel!
SusanAnne Hiller (Diary) Thursday, January 28th at 9:15PM EST (link)n/t
~SusanAnne
@susanannehiller on Twitter
Summed up in one word.
The Grognard (Diary) Thursday, January 28th at 9:13PM EST (link)We could sum up the reason that GOP senators are allowing Kirk to keep voting with the same word we could use to sum up why there were any republican senators voting today to keep that disgrace Bernanke at his post.
Comity.
McConnell...again
WarEagle01 (Diary) Thursday, January 28th at 9:15PM EST (link)Why does it always take a hue and cry from the base to get this guy to do his job?
“A wise, doughy leg with rich tingly experiences will always reach better conclusions than will a more tanned, muscular leg that hasn’t felt those thrills.” –Chris Matthews’ Leg
“The alternative to the awful extremity of abortion is the indispensable joy of introducing this flawed world to someone who might make it better.”–John Hayward (AKA Dr. Zero)
WarEagle- McConnell lost his hearing aids
Scope (Diary) Thursday, January 28th at 9:22PM EST (link)did you forget?
Well I suppose
10ksnooker (Diary) Thursday, January 28th at 9:15PM EST (link)If none of the republicans bring it up, why should the Democrats care … Illegeal Senators vote all the time, unless of course the Democrtas need to have it the other way.
I would watch the ACORN counters in Massachusetts.
Contacted McConnell, LeMeiux, and DeMint
muffin Thursday, January 28th at 9:22PM EST (link)Could any other Senators help us with this? I will make calls tomorrow.
Fortitudine vincimus – By endurance we conquer
Just emailed LeMeiux here in FL
GregInFla (Diary) Friday, January 29th at 12:25AM EST (link)I told him to keep the seat warm for Rubio, And to think I donated to McConnell (thru RS here) in 2008.
– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.
Jim Demint, SC nt
sta46 Friday, January 29th at 1:58AM EST (link)"Kiiirrrk... you're... still ALIVE, my old friend?"
Third Street (Diary) Thursday, January 28th at 9:29PM EST (link)“Annual income twenty pounds, annual expenditure nineteen nineteen six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery.” –Wilkins Micawber, “David Copperfield”
Beam Me Up Scotty (Brown)
tngal (Diary) Thursday, January 28th at 9:55PM EST (link)Break out the photon torpedos and full speed ahead..
I emailed my Critters today...
jstjoan (Diary) Thursday, January 28th at 10:00PM EST (link)Johnny Isakson and Saxby Chambliss of Georgia AND Mitch McConnell. I suggest everyone else do the same.
Three questions that destroy most Liberal arguments according to Thomas Sowell:
1. Compared to what?
2. At what cost?
3. What hard evidence do yo have?
Could it be it doesn't make a difference now?
archer52 Thursday, January 28th at 10:06PM EST (link)It could be something as simple as it doesn’t make a difference. The votes were not going to change if Brown was there. Several Dems have already spoken out about any chance of further votes on healthcare as being a toxin to their bodies. The Republicans know this, as do the Dems.
So, why stir the pot over this. I don’t know the procedure for certifying him or the time table involved in the process but I am assuming those who are in power do. If Brown thought he was being screwed over, he’d be screaming.
Let’s see what happens. I think the Senate has been given the bloody nose bad enough to back it up for a while.
I was thinking the same thing.
gekster (Diary) Thursday, January 28th at 10:34PM EST (link)Why jump in and stir the pot “ala Al Frankin” and be known
as a trouble maker.
By the way.
Didn’t Franken get sworn in before the state cirtification?
Wasn’t it to get the peoples voice from Minnesota in as soon as possible to vote on “important votes?
They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.
We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway
Ok folks, 2012 is here. Get involved
It *Did* Make a Difference Today
bigdny (Diary) Thursday, January 28th at 10:54PM EST (link)Former Senator Kirk broke the filibuster of the $1.9T debt ceiling raise. Why isn’t the Senate GOP making a big deal out of this is? If they hoped to make a political point about the vote, I don’t know why the fact that the Democrats are doing it in an underhanded way doesn’t support that argument.
the LAW is the LAW
E Pluribus Unum (Diary) Thursday, January 28th at 11:44PM EST (link)And therefore what is going on is wrong, despicable, and should be stopped. It’s just reason 7.352 that the Democrats are not worthy to have power.
We fight them for every stitch of ground.
Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO
Was Brown at the SOTU? Or Kirk?
GregInFla (Diary) Friday, January 29th at 12:27AM EST (link)nt
– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.
Good question - nt
E Pluribus Unum (Diary) Friday, January 29th at 11:55AM EST (link)Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO
Its called the Law and Precedent.
rcov092 (Diary) Friday, January 29th at 1:25AM EST (link)of course it “matters” for no other reason than if you let a bully get away with intimidation, you enable his bullydom.
“Not One Red Dime for the NRSC or NRCC till they stop trying to elect liberals”
Join the RedState Strike Force
What frustrates me the most
muffin Thursday, January 28th at 10:10PM EST (link)Is neither bho, democrats nor republicans understand the drop-a-ton-of-bricks-on-my-head messages that we’ve been sending, especially the one in MA! (no caps are intentional)
And bho wants to call the American people stupid? I’m using words from Beck – blood is shooting out of my eyes.
Fortitudine vincimus – By endurance we conquer
Let them self-destruct.
clintonformccain Thursday, January 28th at 10:22PM EST (link)There’s worse things than forcing 60 Democratic Senators to vote to raise the debt ceiling by $1.9 trillion.
Seat Brown and now you are back in that shut-down the government trap that Clinton impaled Gingrich on. Or, a Republican ultimately has to vote to raise the debt ceiling.
Whose to say
tngal (Diary) Thursday, January 28th at 10:52PM EST (link)..the next thing they vote on won’t be one of those ‘worse’ things? Illegal immigaration, don’t ask don’t squeal,cap-n-tax, and all the other things highlighted during SOTU. Can we not get Brown firmly situated into his comfy wingback and let his voice be heard?
CapnTrade - don't count on a NO from Brown
GregInFla (Diary) Friday, January 29th at 12:28AM EST (link)I hear he voted for such a plan in Mass.
– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.
Brown is a NO Vote on Cap and Trade
Swamp_Yankee (Diary) Friday, January 29th at 12:54AM EST (link)Can't citizens sue?
rfpzzzzz Thursday, January 28th at 10:45PM EST (link)Our votes , as citizens of the US, are being devalued by this. Can’ t a citizen sue over this?
At what point does it become necessary?
1stRichard (Diary) Thursday, January 28th at 10:57PM EST (link)Senator Kirk was seated unconstitutionally and there was hardly a whimper.
What republicans put up a fight now, isn’t that a bit late to show some leadership now? Heck, I am soo fed up with this mess for too long.
Of the US Senate from the good state of Massachusetts – Pitchforks and Torches!
This Issue Is Separate From Seating of Brown
bigdny (Diary) Thursday, January 28th at 10:59PM EST (link)It would be nice if the Reid seated Brown the day after his election, as I believe most, if not all of the precedents for non-disputed elections would support, but he has the power to do wait for certification. Fine. That’s politics. Somehow, Bill Owens in NY-23 did not have to wait to be seated in the House before his certification, despite a much closer race. But whatever. The point is, Kirk’s legitimacy as a Senator expired on 1/19 and all bills passed on the basis of his vote are illegitimate testimonies to the lawlessness of the Democrat leadership, and the weakness of the Republican leadership.
I Have No Problem With The Kirk Seating, For Now nt
Swamp_Yankee (Diary) Thursday, January 28th at 11:00PM EST (link)Why? It's illegal and illegitimate. -nt
E Pluribus Unum (Diary) Thursday, January 28th at 11:45PM EST (link)Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO
Just Doesn't Seem Worth The Fight
Swamp_Yankee (Diary) Friday, January 29th at 2:35AM EST (link)If there is a fight, it is at the state level. Its not for the GOP Senate leaders to kick out a sitting Senator. Brown’s not even ready. As long as no major legislation is on the docket, I’m okay. My response turned lengthy:
http://www.redstate.com/swamp_yankee/2010/01/29/in-defense-of-keeping-paul-kirk-seated/
But Yank, I would classify raising the Debt Ceiling "Major Legislation."
yoyo (Diary) Friday, January 29th at 9:17AM EST (link)it is at least as major (in my opinion) as any entitlement legislation or ….
Raising the ceiling just gives Congress a larger blank check to “fund” more government.
I don’t know… I think that MA should be subject to just one “voice” in the senate (regretfully, Kerry’s) until Brown is “ready” to be seated.
EPU said it best – the LAW is the LAW.
The Senate had no issue not keeping MN down to one voice until Franken was “confirmed.” I say send Kirk packing. Buh-Bye.
I don’t see how this could be too much of a fight. Really. Point of Order raised, make your point, ident the precedent, sit back down. 5 minutes – MAX.
Nemo me impune lacesset
“No one will provoke me with impunity!”
=============================
Pukin’ Dogs – The Fighting 143
Sans Reproache
=============================
The ‘yoyo’ replaced my cigarettes January 22, 2006….
swamp, to me this is a fight for the very legitimacy of government
E Pluribus Unum (Diary) Friday, January 29th at 12:06PM EST (link)A policeman can overlook a guy going 46 in a 40 zone, and the rule of law does not break down. But if he’s sitting in the donut shop and a guy comes in and robs it (taking only $37 dollars), the policeman CANNOT say, “hey, I just let it go. It’s just $37. What’s the big deal?”
It’s not the $37 that is so important. It’s that the cop, by doing nothing, has signaled that his presence means nothing, that there will be no enforcement of anything, anywhere.
The Democrats are blatantly flouting the rule of law, right in front of everybody. It HAS to be objected to, or there will never EVER be anything that is objectionable.
Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO
The Law Isn't That Cut and Dry
Swamp_Yankee (Diary) Friday, January 29th at 1:23PM EST (link)It may look like that here. But even here, there is a lot of qualifying language. All this prep work was done for the anticiated health care cram down. When the Dems backed off, both parties sort of disengaged. I volunteered as an election lawyer for Brown, I know the Dems had their arguments to the contrary for keeping Kirk seated. Its just a matter of fighting that fight for a two week period. Others are arguing bypassing the certification process, which even Roland Burris and Harry Reid honored. If there is a fight, I don’t think its Mitch McConnel’s to fight. I dont know how much leverge he has over the MA Sec. of Sate. and Gov. anyway.
round 1?
fortcollins (Diary) Thursday, January 28th at 11:36PM EST (link)Just a thought to ponder: what if Kirk’s vote forms the basis of an argument that the bill is unconstitutional? The constitutional argument would be based on procedural due process, noting that a non-Senator could not procedurally vote to end a Senate filibuster.
Suppose for a moment that the bill is actually held unconstitutional. What happens to all spending that exceeds the previously-approved debt limit? Let the games begin!
BTW, the bill also contains other Demo-goodies, such a restrictions on future tax cuts.
All of Kirk’s votes
1stRichard (Diary) Friday, January 29th at 12:05AM EST (link)Paul Kirk was seated unconstitutionally from the start, all the arguments were buried like this one…
So stated as evident, one person’s last wish, that of late Senator Kennedy that his seat be immediately and prejudicially filled. Consequently so enacted by Deval Patrick. Further that one partisan group also enacted to obtain advantages, or particular and exclusive privileges. Thereof, Part of the fist article 7.
At present are the largest ever federal tax increases and entitlement under debate in the U.S. Senate with a partisan majority rule at risk. 417 Mass. 406 In the first place, art. 7 speaks essentially to a right of the people to institute and change government…
Of part of the fist art.23, No subsidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature. No continues effusive representative preexisted for the reason of illness, therein the merit of immediate disorder is negated. Thus the consent of the people must be upheld, that all the inhabitants of this commonwealth, having such qualifications, have an equal right to elect representatives, of the fist art. 9, thus consent of the people as paramount and no other.
440 Mass. 309 In broad terms, it is the Legislature’s power to enact rules to regulate conduct, to the extent that such laws are “necessary to secure the health, safety, good order, comfort, or general welfare of the community” (citations omitted). Opinion of the Justices, 341 Mass. 760 , 785 (1960). [Note 12] See Commonwealth v. Alger, 7 Cush. 53 , 85 (1851).
CA No. 209-4078 failed to make safe and secure the health, safety, good order, comfort, or general welfare of the community.
I wondered the same thing
momo Friday, January 29th at 12:17AM EST (link)earlier today. Why isn’t the Republican leadership challenging these votes? McConnell needs to go. He is too weak to lead us through 2010!!!! If we are going to win this war, we need leadership and cojones!!!
McConnell is weak, spineless and without principle....
rcov092 (Diary) Friday, January 29th at 1:27AM EST (link)#mitchgone, #leaderdemint tweet it, its trendy.
“Not One Red Dime for the NRSC or NRCC till they stop trying to elect liberals”
Join the RedState Strike Force
McConnell
sta46 Friday, January 29th at 2:07AM EST (link)DEFINITELY needs to go.
However, the Dems are looking for 2 Repubs to be on the “immigration reform” committee. Any Repub who does anything but vote NO on anything to do with this will be TOAST so I’m thinking we nominate either McConnell or McCain to serve on that committee along with Lindsay Graham.
When have democrats been concerned about what was legal?
smorgasbord Friday, January 29th at 1:27AM EST (link)Since the democratic party went to the far left they quit worrying if something was legal, only if they could get away with it. So far this has happened many times. When liberals control the prosecution process they don’t worry about legality. No fear of being prosecuted means they can do anything they want.
Since they have controlled congress they have cared less about the law and ONLY about spreading their idea of the government running our lives.
This is a good example of why a Political Crimes Tribunal should be established. It would have to be made up of non-politicians and their only purpose would be to go after politicians who have committed crimes while in office just like the War Crimes Tribunal goes after officials who have committed war crimes. If this were in effect now, just think how many of Obama’s people would be brought up on charges!!!
McConnell
bigredone Friday, January 29th at 6:44AM EST (link)He cares not what the Democrats do in 2010. All of it is campaign fodder for November, and he wants to be Majority Leader. He cares not.
We are in deep, deep stuff. I never thought until TARP that McConnell would sell out Kentucky and America, but he is doing it.
Kirk out by March ?
johnt Friday, January 29th at 9:23AM EST (link)You know how it is, Repubs don’t want to seem pushy and one way to avoid that is by being doormats, plus the NY Times might get angry with them.
Scott Brown wouldn’t want to rush poor Kirk, so crude you know, and it just possible the Dems may like him for it, very important if not likely.
Who knows, Kirk may yet, at this rate, be the 60th vote on HealthCare destruction.
“a man’s admiration for absolute government is proportinate to the contempt he feels for those around him”. Tocqueville
We agree McConnell needs to go and DeMint
gracie (Diary) Friday, January 29th at 2:51PM EST (link)needs to be in. BUT what can WE do? Isn’t it up to the collegial Senate to vote to change their leaders? Doubt if DeMint would fight and run against McConnell probably not a gentlemanly thing to do.
Seriously, is there anything we can do to affect this? Other than begging McConnell to quit?
It would be nice if Erick contacted Sen DeMint about this...
Vassar Bushmills (Diary) Saturday, January 30th at 9:17AM EST (link)…I’d just to hear a response or explanation.
The Dems can keep Senator Brown in Mass for at least a month, and much can be done in the meantime.
The Rule should have been invoked on the first vote, as it becomes difficult (though not impossible) later on…but Kirk can sure do a lot og voting in the next several days.
Unconscionable.
I just got off the phone with a staffer a Mitch McConnell's office
jstjoan (Diary) Monday, February 1st at 4:58PM EST (link)I just got off the phone with a staffer a Mitch McConnell’s office who claims they were told the MA election had to be certified and Brown seated before Kirk gives up his vote. I referred them to Fred Barnes Weekly Standard article and explained this was wrong. She simply replied that my comments have been noted and had no idea how grave this is.
I also called my two Senators, Chambliss and Isakson, and both of them said the same thing. Chambliss staffer at least printed out the article and said he was bringing to his senior staffers attention and that Fred Barnes was scheduled to meet with Chambliss later this week. The guy at least seemed to grasp the gravity of this so maybe at least it will be questioned.
I think the Rep’s are simply taking the Dem Mass. state folks at their word that Kirk is still allowed to be voting. This is inexcusable. Everyone needs to be calling there Senators about this.
Three questions that destroy most Liberal arguments according to Thomas Sowell:
1. Compared to what?
2. At what cost?
3. What hard evidence do yo have?