When does not filling Conyers seat become taxation without representation?

[shraby]

[greeny2323]

1. Republicans exercise their POWER

And they don't give a flying fucking shit what anyone thinks. They just DO IT.

While Democrats worry someone will say something mean to them, so they destroy their own (Franken).

[shraby]

4. To not fill a seat is not their power to do, no more than it was mcconnell's.

In this case it's taxation without representation. Those people in his district have the right to be represented in congress.

[greeny2323]

16. Really?

Watch them DO IT. Republicans make their own law and don't give a shit what anyone thinks.

[ollie10]

5. And give a hug.....

[rainy]

52. with the help of corporate media that makes false equivalencies and can't distinguish sexual abuse

from a tight hug during a photo shoot! I blame the media as much as the democrats and the democrats chasing the same corporate dollars as the republicans. In this would of the one with the most money wins how can the people ever take this country forward.

[ck4829]

2. That's a good question.

[ollie10]

3. When will Gillibrand object to this?

hahahahahahahahaha

[shraby]

6. Not funny.

[ollie10]

8. OK. Bad joke

But a joke nonetheless. Gillibrand, that is

[shraby]

7. The Michigan government has done way too much damage to that state already. This is patently illegal

because they are supposed to have representation under the constitution.

[ollie10]

10. How about the citizens of Minnesota?

They voted too.

[shraby]

12. They are getting a replacement, Michigan citizens aren't.

[ollie10]

13. If the Republicans seat the replacement....

[safeinOhio]

31. McComb or Oakland counties, and

the special election would be coming up.

It's all about your paint job.

[Thor_MN]

47. We will get a replacement when Franken resigns.

[Hortensis]

50. Ollie10, Minnesota is dramatically better off under Democratic

government than many its neighboring Republican run states. So not to be accidentally confused with those others.

We are PROUD to point to Minnesota's relative wellbeing as an example of enlightened liberal policies, and to just bad they make Scott Walker and the Republicans look over in Wisconsin.

Here're a couple recent articles discussing how much better Minnesota citizens are doing, one of a bunch that have been written on this subject, and studies done.

The Great Midwestern Divide: Why Minnesota and Wisconsin’s Political Schism Matters
The governorships of conservative Scott Walker (R-Wis.) and progressive Mark Dayton (D-Minn.) have yielded dramatically different results.

http://inthesetimes.com/article/20312/two-paths-diverged-in-the-midwest-scott-walker-mark-dayton

Hey Wisconsin, move to Minnesota
com=edit&forum=1002&thread=9954222&pid=9956861
I love Wisconsin, but, like many ex-Wisconsinites who have landed and settled in Minnesota, I know there is no way I am going to move back to my home state.

https://www.democraticunderground.com/?

[ollie10]

53. Ya Shore Yu Betcha!

[onenote]

11. The Constitution contemplates lengthy vacancies.

The Constitution mandates that vacancies in the House be filled by special election and does not specify any time period within which such elections must occur. Given the fact that in the 18th Century getting information to the people was a time consuming process, it can safely be assumed that the framers understood and were accepting of the fact that if a vacancy occurred it might well stay that way for a considerable length of time.

That being said, as a practical matter, and considering precedent, the seat could be filled as early as April (although that would require the state to incur the costs of otherwise unscheduled primaries in February and the special election in April).

[shraby]

14. This is NOT the 1700s. There is no reason for the delay except to deny his constituents

representation in congress. To look the other way is a travesty.

[onenote]

15. As I noted, there is no reason not to hold it sooner

But neither is there a constitutional requirement.

[Demsrule86]

19. The governor could appoint an interim...the Governor of Texas will do this...

so that is bullshit...the GOP is coming after votes.

[dumbcat]

25. No, he can't

appoint an interim Representative.

[Demsrule86]

26. Really...well then I guess forcing him to retire now with all those close votes coming in the House

was really really stupid.

[dumbcat]

30. I sure can't argue with that. n/t

[Demsrule86]

20. It could be filled tomorrow with an appointment.

Let's not pretend this is business as usual because it is not...Merrick Garland policy for the GOP suicidal policy for the Dems...(GOP just tell us who to get rid of...sarcasm).

[sl8]

23. Not for the House.

That's true for the Senate, but I'm pretty sure replacements in the House must be elected:

Article I, Section 2

4: When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

[dumbcat]

24. No, it couldn't

Read your Constitution.

VACANCIES IN THE HOUSE
Vacancies in the House of Representatives typically take far longer to fill. The Constitution requires that member of the House be replaced only by an election held in the congressional district of the former representative.

"When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies." -- Article I, Section 2, Clause 4 of the U.S. Constitution

According to the U.S. Constitution and state law, the governor of the state calls for a special election to replace the vacant House seat. The full election cycle must be followed including political party nominating processes, primary elections and a general election, all held in the congressional district involved. The entire process often takes as long as from three to six months.

While a House seat is vacant, the office of the former representative remains open, its staff operating under the supervision of the Clerk of the House of Representatives. The people of the affected congressional district do not have voting representation in the House during the vacancy period.

They can, however, continue to contact former representative's interim office for assistance with a limited range of services as listed below by the Clerk of the House.

https://www.thoughtco.com/how-vacancies-in-congress-are-filled-3322322

See also:

http://history.house.gov/Institution/Vacancies-Successors/Vacancies-Successors/

[Demsrule86]

27. so the Democrats committed political suicide in the House..now the GOP will ram stuff through that

might have lost...just great.

[dumbcat]

32. We are wont to do that on occasion.

We sometimes succumb to the political correctness meme of the moment rather than thinking things though to a logical conclusion.

[Demsrule86]

39. So angry.

[Demsrule86]

21. It is not illegal sadly.

And wait for the GOP to refuse to seat Franken's replacement.

[onenote]

34. There is virtually no chance that Franken's replacement won't be seated

So long as there is no basis for challenging the authority of the governor who appointed the replacement, or any failure of the replacement to meet the basic qualifications for holding office.

Yes, I know that the Powell case referred to "elected" members in discussing the power of Congress to exclude. But that's because it was dealing with a case involving a member of the House and the only way one can become a member of the House is through an election. But one can become a Senator via appointment and the Constitution -- indeed, even though the method of selecting senators was changed to direct election by amendment, the Constitutional provision describing the qualifications of a Senator remain unchanged ne has to be at least 30 years old, a citizen of the US for at least nine years, and an inhabitant of the State in which the person shall be "chosen."

There was an effort to prevent Roland Burris, who was appointed by Rod Blagojevich to fill the Senate seat vacated by Obama. The effort was based on questions raised by Harry Reid and others about whether Blagojevich, who appointed Burris on December 31, 2008, after Blagdojevich had been arrested on corruption charges (but before he was impeached and removed from office). Because of disputes over whether the appointment had been duly certified in accordance with Illinois law, Burris initially wasn't seated, but after the Illinois courts established that Burris had been duly and lawfully appointed by Blagojevich, the Senate had no other choice but to seat him.

[Demsrule86]

38. If you say so...it will be different this time...just watch.

The lawsuit for Adam Clayton Powell covered 'elected' not appointed.

[onenote]

40. House v Senate

House members must be elected.
Senate members can be appointed.

Care to make a wager? Loser donates $5 to DU.

[Demsrule86]

55. I hope you are right...

[onenote]

9. It doesn't. See post 11.

[Demsrule86]

17. You should have expected it...there was a reason Conyers was targeted...and we should go after them

with a vengeance...they knock on of ours out...we knock two of their out.

[MichMan]

18. Local Democratic leaders agree with the timing

From the Detroit News


"Jonathan Kinloch, who chairs the Democratic Party in the 13th District, wanted Snyder to set the special election to coincide with the regularly scheduled election dates in August and November, even though it leaves the seat vacant for months. He said the district offices remain open to serve constituents in the meantime.

“This seat only becomes available once every 50 years,” Kinloch said this week. “We all know that in those special elections that are called outside the normal election cycle that voter turnout is less.”

Snyder spokeswoman Anna Heaton noted that Kinloch had recommended the dates, and that the governor’s office also consulted with Wayne County officials and the City of Detroit before making a decision.

Fred Woodhams, spokesman for the state Elections Bureau, said Snyder’s use of the regularly scheduled 2018 election dates will save local communities an estimated $2 million." 

[shraby]

22. That's even worse, the Dem party agreeing to short change the citizens.

[Demsrule86]

29. Exactly, It is so foolish, it takes my breath away.

[Demsrule86]

28. Of course...fighting the GOP why bother, (sarcasm) purity is so much more important.

Meanwhile the guy who paid out a sexual harassment case with taxpayer money is still there and able to vote...

[safeinOhio]

33. Could Conyers delay his retirement until

a new election has taken place? Would seem fair.

[LisaL]

36. He could have but obviously democrats wanted him to go now.

[dumbcat]

44. No. If he hasn't retired

there is no vacancy to fill with a new election.

THINK, people. This is how we get ourselves into these stupid positions.

[Jim Lane]

45. He could have cut a deal

"I'll resign if the Governor will agree to schedule a special election on a reasonable timetable. Otherwise, my resignation will take effect on the day of the general election in 2018 but not before."

If Snyder refused to agree, the onus is on him. If he agreed, saw Conyers resign, and then pulled a double-cross by not scheduling the election, his abuse of power would be much more obvious than it is now.

[dumbcat]

48. Why would Snyder agree to that?

Snyder doesn't care if Conyers resigns. He'd probably rather have him stay so they could continue to criticize him. There is no reason for the state to take on the expense of a special election. If Conyers doesn't resign, he just doesn't run in the next election. A Democrat will be elected in that district anyway.

[Jim Lane]

54. If Snyder didn't agree, so much the better.

Then Conyers would stay in office, doing as you say by not running in 2018. If anyone upbraids him about the allegations against him, he could say, "I'm ready anytime to vacate my seat in favor of an elected successor. Go talk to Snyder if you want to make that happen."

[Ninga]

35. It already is n the bag....I do not expect the same "taking to the podium to ask for Franken's

resignation" politicians to bring their A game to Snyder's Merrick,Garland ratfucking of Michigan.

[UTUSN]

37. Excellent point

[Tatiana]

41. A resident with standing should sue.

I would be willing to donate to the effort.

[Jim Lane]

46. Your characterization of comments in this thread is too harsh

You say that people "have no problem" with what's happening. There are two different issues: Is Snyder's decision illegal, and is it wrong? There are plenty of wrong decisions that are perfectly legal. In fact, most of the bad decisions that elected officials make cannot be corrected by lawsuits.

I think Snyder has the power to do what he's doing, but that doesn't mean I have no problem with it. It's an outrage.

[Bucky]

43. You should ask a resident of Washington DC about this.

[Calista241]

49. I thought this was fairly common for the House of Reps.

If a seat became open a sufficient period of time after the election cycle, the seat would often remain unfilled until the next election cycle.

I could be wrong, but i thought this happened in my old district a while back.

[elleng]

51. When Conyers stops voting.

Kind of like living in the District of Columbia.