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paineinthearse Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-25-05 05:06 AM
Original message
Mass General Law question - residence
I know that a person must be a resident for 7-8 years to run for governor (unless you're away in Utah).

Does anybody know how long one must be a resident in order to run for US Senate?
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TaleWgnDg Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-25-05 09:05 AM
Response to Original message
1. Well, paineinthearse, let's turn to the highest law of the land . . .
.
Well, paineinthearse, let's turn to the highest law of the land - the starting point from which any and all our laws must comply . . .

"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." (U.S. constitution, Article I, Section 3, Clause 3)
http://caselaw.lp.findlaw.com/data/constitution/article01/

"When vacancies happen in the representation of any State in the Senate, the executive authority of each 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." (U.S. Constitution, 17th Amendment, Clause 2)
http://caselaw.lp.findlaw.com/data/constitution/amendment17/

And the analysis ends there, because no state may promulgate any laws that attempt to "over-ride" the U.S. constitution.

As for residency requirements of a state governor or other state officials, of course, each state may promulgate reasonable laws. But not as for a U.S. Senator. And as for the word "inhabitant" or resident or domicile or residency, its defined in case law to mean, generally speaking, "I am in your state and I intend to reside in your state, period." It's factually determinative, that is, proven with the facts and circumstances as demonstrated.

All that being said, remember Hillary Rodham Clinton and New York? Indeed. Any other Senator you can think of? How about Robert F. Kennedy (deceased) when he ran from New York too? Or Alan Keyes in Illinois? Then there's flack about the re-election of Rick Santorum in PA due to his apparent lack of being an "inhabitant" in PA while he and his wife and children are "living" in VA outside D.C. It's factually driven, factually proven, and the facts and circumstances vary, case to case or as proffered anyway.
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paineinthearse Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-25-05 05:54 PM
Response to Reply #1
2. Brilliant analysis
So Jerry Corsi can move to Ashland, Bolton or where ever within days of 11/06?
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TaleWgnDg Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-25-05 10:36 PM
Response to Reply #2
3. Well. Practicality enters into it at some point . . .
How about . . . the printing process -- timeframe, that is? How about . . . the requirement to get your name on the ballot? All this, as long as the state doesn't infringe upon a candidate's constitutional rights.

And may I add that like Ron Crews so will go Jerry Corsi spewing hate and discontent. I'd venture that Corsi will bomb worse than Crews. Remember Jack E. Robinson who ran against Ted Kennedy last time? He was a darling until the slothful Republicans found out about Jack E's past dalliances.

Any attempt by Corsi is merely to pump up his name/PR in Freeper Circles and to sell more books and appear on 24/7s opinion-rantings television shows, period. Some of these idiots make a living out of this angst in which they revel! Dysfunctionalism is alive and doing well these past years.

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