Texas GOP Senators Fine Absent Democrats -- Do they have the authority?

[TXlib]

Texas GOP Senators Fine Absent Democrats

By APRIL CASTRO
The Associated Press
Tuesday, August 12, 2003; 7:59 PM


AUSTIN - Republican senators remaining in Texas voted Tuesday to fine 11 Democrats who went into exile in New Mexico for each day they are absent from a special session on a GOP redistricting plan.

The Republicans approved a resolution to fine each lawmaker starting at $1,000 a day, with the fine doubling for each missed day, but not to exceed $5,000 a day. Fines would begin Thursday.

"We believe they will come back. They will pay their fines," Lt. Gov. David Dewhurst said after the vote.

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Does anybody know if such a fine is enforceable?

[gratuitous]

1. Well, first off . . .

It appears to be a "resolution," not a law.

Second, they don't have a quorum to conduct business.

Third, I still think the Senate Republicans should all stamp their little feet and threaten to hold their breath until they turn blue.

[sybylla]

5. I thought the quorem they needed for redistricting

was different that the quorem needed to conduct regular business. I'm sure I read this in a similar thread this past week.

This stuff is all established by rules and each governing body gets to set its own rules for quorems. But, IIRC, the redistricting quorem is established by federal rules.

I'm sure someone can clarify if I'm wrong.

[GOPisEvil]

6. By the rules of the Senate (which the Repukes said they would change)

2/3 of the Senate is required to bring any bill to the floor for debate. The Repukes were going to change this to 50%, that is why the Democrats bolted (well, it was the last straw).

[sybylla]

7. Thanks

Still, I could have sworn that I read an article which said they only needed 1/2 rather than 2/3 to establish the fines.

[GOPisEvil]

8. Oh, in their small, closed minds they only need 1/2.

I'm sure the judge that presides over the eventual lawsuit will inform them otherwise. :-)

[Squeech]

2. I wondered about this myself

Without the quorum, nothing they do has any legal validity.

So, unless there's some subtle legal point I'm missing, any action taken by the remaining senators is nothing but posturing. If the 20 Repub senators can't make DeLay's grand plan happen on their own, then they can't make the fine stick either.

The above presupposes that the justification for the fine is the Senate's constitutional right/obligation to administer itself. If the fine is actually being imposed by another branch of government, like a judge being petitioned by the Repukes as plaintiffs in a legal action, then it's valid. But if the judges were disposed to make such a ruling, wouldn't they have just granted the writ of mandamus the pukes originally asked for?

[joshdawg]

3. The only authority the Republicans have

is only between their ears. Outside of that, there is no authority to levy fines.

[Jacobin]

4. Fine. Now let the Dem congresscritters fine the Repukes

Its neener neener time.

[TXlib]

9. Does anybody else feel like we're in a state of civil war?

Albeit a nonviolent one. I get the feeling the only thing preventing Rs and Ds from actually killing each other is that it is illegal.

[GOPisEvil]

10. Yep...actually in the 2001 session, there was almost a fight...

...on the Senate floor. Sen. Carona (R, of course) got all huffy about something and went face to chest with Sen. West (who played college football and is a Dem.). I would have loved to have seen West kick his ass.