UPDATE: Daily Kos pitches a fit about the legalities between Bennet’s appointment and the appointment of Roland Burris of Illinois.
From the Rocky Mountain News:
Michael Bennet was sworn in today as Colorado’s junior senator, pledging to get right to work addressing some of the big economic challenges to the country.
The former Denver schools chief, appointed to the Senate by Gov. Bill Ritter, takes over for new Interior Secretary Ken Salazar just two days after Barack Obama was sworn in as president, promising massive changes in foreign and domestic policies.
“I feel extremely fortunate to have the chance to represent Colorado at this moment in history and to be part of a conversation in Washington on some of the most serious problems we’ve seen in generations,” Bennet said while taking a walking tour of the U.S. Capitol shortly before his swearing in.
Earlier, Bennet said Salazar gave him some to-the-point advice: “Do the right thing for the people of Colorado.”
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Congress Matters reports (x-post to dKos) that the signing procedures were a bit messed up thanks to Ritter being out of the state for the inaugural festivities…
At least the Senate Parliamentarian is uniformly being a stickler for Senate credentials procedures…
Those people over there operate on the outer edges of reality. So, they speculate, based on extra-Colorado law and pronouncements, that the Secretary of State’s signature is supposed to verify the authenticity of the Governor’s signature? Really?! Is Bernie supposed to be a handwriting expert? Doubtful.
I would suppose that the Secretary’s duty is two-fold: (1) to confirm that Bill Ritter is the governor, and (2) to confirm that Ritter has picked Bennet to be the new senator. Period. Bernie can confirm these facts regardless of whether Ritter has already signed the document. You know, like, Bernie can actually speak to Bill and what not. Daily Kos is Daily Krazy.
sort of a Notary Public? I was hoping to have him witness my title transfer next time I sell my car.
I love how the Kosites fire back — It was ignoring the rules, just like this one, that led to Guantanamo, warrantless wiretapping and lying our way into Iraq. Sure, guys. Sure.
The state law says that the Secretary of State must counter-sign and record the document.
The definition of “counter-sign” is to confirm a document already signed by another by affixing a second person’s signature. It is pretty much the same as notarizing.
So Jammy is mistaken; the Secretary’s duty is not to confirm Ritter as Governor and that Ritter has picked Bennet. It’s to confirm that the document commissioning Bennet has been duly signed by the Governor. That’s the law, and the Senate agreed.
..but I have offered my view of the purpose of that requirement. Regardless, the Senate did not “agree,” as you claim, unless there is another article you have. The article you linked does not support your claim.
I’m not going to accept your make-up definition just because you want to argue about it and make some other group (that I also participate in) sound undeservedly nutty.
The point is moot now. Ritter came back to CO, signed, and had the documents faxed and overnighted so that Bennet could be sworn in. So now it really is “by the book”.
…according to Kos, and you, if you read.
But try to figure out the operative law (Federal vs. State) and see if it was complied with in this case.
That would define “invalid.”
I know it’s not as much fun as blowing farts, but it’s a lot more meaningful.
…thanks for playing Ralphie, your consolation prize awaits you at the door….on the other side of the door.
As others on this blog have already noted, the 17th Amendment to the US Constitution provides, in relevant part:
That is, the state legislature (that means, state law) determines how Senate vacancies are filled. That is why, you may notice, everyone here, and even the Kos krazies, are discussing the meaning of state statutes. Thanks for following along.
You and I are in violent agreement on this one.
I think State trumps Federal also.
But I wasn’t going to give Kos a free pass.
…discusses the “commissions” issued by the governor. Whether the senatorial appointment is one of these “commissions” is not clear. The statute authorizing the governor to appoint a senator in the case of a vacancy does not call it a “commission” nor does it reference the need for the Secretary to countersign anything.
the other statute says:
You might want to note that the Senate also complained, as noted by the Rocky Mountain News…
I always love how stories get turned into Kos hate pieces around here without anyone actually , you know, READING THE ARTICLE…
…the article you link discusses an entirely different point: Ritter had to be in CO when he signed the certificate. The article did not discuss the subject of the Kos kraziness: whether Ritter signed after Bernie.
So, did you actually “READ[] THE ARTICLE”? It would seem not.
… covered the initial point adequately without regurgitating it.
It’s a fiasco, and the Democratic Senate parliamentarians are all over it just like they were all over the Burris appointment.
By the book, or not at all. That’s the message. Obama doesn’t recite the exact oath of office? He had it redone. Burris doesn’t show up with the IL SoS signature? He goes back and gets it by following the proper procedures. Franken wants provisional seating? Not without a certificate of election of some sort. So the same holds here. We have to follow the law, and that means Ritter signs first – and, according to the article I just linked, that means he has to be in Colorado to sign, since he’s not in charge when he’s out of state.
…I’m beginning to wonder about your reading skills
but he wasn’t. There seems to be very little point in exchanging tirades over this matter. If there was a screw up, it’s been resolved and Bennet is now our Senator. Jeesh!
Why do I feel as if I wandered into an alternate universe…CU Law circa 1973, over and over and over again. Did anyone ever graduate?