Why Isn't There A Law About States Having A Right To Full Representation In The Senate?

[Dinger]

No law about dragging out an election, where there is a clear leader, even if that lead is rather small?
Is there something in Constitutional law?
Jesus Christ on a stick, this bothers me. I don't want to hear about, "Al's almost there, be patient," etc. With so much going on now, we need Al in the Senate. Is anybody going to stop this madness? I'm just fucking asking!
:mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad:

[rwheeler31]

1. I thought Minnesota was a good government state.

Too many republican judges were allowed.

[dflprincess]

2. We haven't had full representation in the Senate since Wellstone died

Coleman was there to represent Bushco, not us.

[Dinger]

5. Every Time I See Wellstone's Name Mentioned, I Feel Sad

I miss Paul.

[autorank]

3. Why ddn't Potemkin Village have a Mayor?

Franken should have been seated right after the recount results were certified. That IS the custom of the Senate. The fact that he wasn't had nothing to do with legality or precedent. It had nothing to do with representation for the people of Minnesota. It was all about politics and not following the rules, as they're written. It's an embarrassment and an affront to representational government.

The delay in seating him was totally unnecessary and a violation of precedent.

From: Franken, Burris and the US Senate: Try Following the Rules

Should a contest be brought against a senator-elect prior to his being sworn in, the chamber's custom has been to seat the individual contingent upon his credentials being in order. (10) Thus, the precedent has been that a senator-elect has a prima facie right to the seat, while the contest brought against him is being investigated. Moreover, the individual is considered seated without prejudice to himself or to the office. This pseudo-legal arrangement allows the Senate to remove the individual by a simple majority vote, should a subsequent investigation find him not to be entitled to the seat. Otherwise, the Senate's only course of action would be expulsion, which would require a two-thirds majority (12). Partisanship and Contested Election Cases in the Senate, 1789-2002, Jeffery A. Jenkins, Northwestern University. Studies in American Political Development, 19 (Spring 2005), 53-74, Cambridge University Press. (Author's emphasis)

This is outlined in a report by the Senate outlining the election contests to date.

If Coleman pursues a post certification election contest, the Minnesota canvassing board certification becomes "provisional" by state law indicating that a contest is under way. It may take three months to resolve the election contest. The citizens of Minnesota will be denied representation should the Senate refuse to seat the declared winner after certification.

[rwheeler31]

4. If this was Wyoming can you stop the screaming.

[elleng]

6. There is;

its the Constitution.

Have any residents of the State taken legal action to force such action, or is everyone being 'polite?'

[onenote]

7. citation?

There certainly isn't anything in the constitution that says the senate can't do business unless and until two senators have been seated for every state. If a senator dies or resigns, the senate doesn't shut down until he/she is replaced. What would the lawsuit demand?

[Exilednight]

8. The Consitution does not mandate that a state have representation in Congress ............

Section three of the Constitution only stipulates the requirements of an individual to run for Senate, how long their terms are, and how temporary vacancies were filled.

The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) (The preceding words in parentheses superseded by 17th Amendment, section 1.) for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; (and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.) (The preceding words in parentheses were superseded by the 17th Amendment, section 2.)

No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

The actual election or choosing of a Senator is left to each state.

This has always been my problem with Presidential elections. There is no across the board standard on how we choose our President. Each state is allowed to formulate and implement the method as to how their electoral votes are voted upon.

[elleng]

10. Senate of the United States shall be composed of two Senators from each State

SHALL is a mandate.

[Exilednight]

12. And the Supreme Court ruled on this when? n/t

[AllentownJake]

9. Well there could be a law

and that law could state that in case of a contested election the govenor picks a temp appointment till the election is resolved and we could have Norm Coleman in the senate till this is resolved instead of waiting it out with Al and Norm could draw it out till his term is over :shrug:

[Thothmes]

11. Of course, we would not be having this discussion

if the Colemna had a slight lead. It is up to the State of Minnesota to resolve the issue. That is in accordance with the U.S. Constitution. If you do not like that system, 1), change the Minnisota Constitution,2) Amend the U.S. Constitution.

[BlooInBloo]

13. Article I, Sec 4.

[Dinger]

14. This One?

Section 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

[BlooInBloo]

15. That's the only Article I, Sec 4 that I'm aware of.