The Senate voted on three pieces of legislation Thursday 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
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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.
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6 comments:
I am not a lawyer or an expert on elections, but it is reasonable to consider that once you set party politics aside then it makes sense that Senate elect Brown does not officially begin his tenure until he is sworn in as the senator from MA. That is when he will have the responsibility of representing MA voters. Until then it is important that MA voters not be denied representation--that means the current appointed Senator Kirk continues to represent the MA voters.
So, swear him in the following day... nuff said.
Since when do rules apply to Democrats?
Every time something doesn't go their wat they change the rules.
Democrats=dishonest bastards!
Did his votes even matter?
If so, file a lawsuit.
Another great exception to Senate RULES....ROLAND BURRIS....
Brown has to be sworn in.
Spend all your time on stupid stuff like this, please.
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