An Open Letter To My Senators

Patriots,
Why is interim Senator Paul Kirk (D-MA) still voting on legislation? Even if the Senator Elect Scott Brown has not been seated, shouldn’t the voice of the citizens and the Constitutional Rights of American’s in the State of Massachusetts be heeded? Where are the other Republican Senators and why haven’t they been up in arms about this blatant disregard for the Constitution? According to Senate rules and precedent, Kirk’s term expired on Tuesday, January 19th, 2010 upon the election of Scott Brown. Brown meets the age, citizenship, and residency requirements in the Constitution to qualify for the Senate. “Qualification” does not require state “certification.”

Besides precedent, we have this little old piece of paper,
The United States Constitution – Amendment 17 – Senators Elected by Popular Vote. Ratified 4/8/1913.
“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such 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. ‘

And also this, from Massachusetts own state laws, (source – http://www.mass.gov) Chapter 92 of the Acts of 2009 – AN ACT RELATIVE TO FILLING A TEMPORARY VACANCY IN THE UNITED STATES SENATE. – Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 140 of chapter 54 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following subsection:–
(f) Upon failure to choose a senator in congress or upon a vacancy in that office, the governor shall make a temporary appointment to fill the vacancy; provided, however, that the person so appointed shall serve until the election and qualification of the person duly elected to fill the vacancy pursuant to subsection (a) or (c). – Approved September 24, 2009.

In an October 15, 1918 ruling by Vice President Thomas Riley Marshall (March 14, 1854 – June 1, 1925. served as the 28th Vice President of the United States under Woodrow Wilson from 1913 to 1921.), Marshall concluded that regardless of the fact that Senators-elect must “run the gambit of executive, administrative, judicial and senatorial investigation before they are entitled to qualify and take their seats as Members of the United States Senate,” the terms of their appointed predecessors nonetheless expire on the day of election. While the Vice President noted that “equitably, it would seem that the present incumbents ought to be permitted to hold until their successors elected on the 5th of November have been sworn in as Senators, but such . . . is not the law.”

The Senate has voted on three pieces of legislation 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;
From the record of The U.S. Senate:
U.S. Senate Roll Call Votes 111th Congress – 2nd Session (2010)
Vote Date Issue Question Result Description
00016
28-Jan PN959 On the Nomination Confirmed Confirmation Ben S. Bernanke To Be Chairman Of The Board of Governors of the Federal Reserve System
00015
28-Jan PN959 On the Cloture Motion Agreed to Motion to Invoke Cloture on the Nomination of Ben S. Bernanke, to be Chairman of the Board of Governors of the Federal Reserve
00014
28-Jan H.J.Res. 45
On the Joint Resolution Agreed to H. J. Res. 45 As Amended; A joint resolution increasing the statutory limit on the public debt.
00013
28-Jan H.J.Res. 45
On the Amendment S.Amdt. 3299
Agreed to Reid Amdt. No. 3299 As Amended; In the nature of a substitute.
00012
28-Jan H.J.Res. 45
On the Amendment S.Amdt. 3305
Agreed to Reid Amdt. No. 3305; To reimpose statutory pay-as-you-go.
00011
28-Jan H.J.Res. 45
On the Amendment S.Amdt. 3308
Rejected Sessions Amdt. No. 3308; To reduce the deficit by establishing 5-year discretionary spending caps.
00010
28-Jan H.J.Res. 45
On the Amendment S.Amdt. 3309
Rejected Brownback Amdt. No. 3309; To establish a Commission on Congressional Budgetary Accountability and Review of Federal Agencies.
00009
26-Jan H.J.Res. 45
On the Amendment S.Amdt. 3303
Rejected Coburn Amdt. No. 3303, Division IV; To rescind $120 billion in Federal spending by consolidating duplicative government programs, cutting wasteful Washington spending, and returning billions of dollars of unspent money.
00008
26-Jan H.J.Res. 45
On the Amendment S.Amdt. 3303
Rejected Coburn Amdt. No. 3303, Division III; To rescind $120 billion in Federal spending by consolidating duplicative government programs, cutting wasteful Washington spending, and returning billions of dollars of unspent money.
00007
26-Jan H.J.Res. 45
On the Amendment S.Amdt. 3303
Rejected Coburn Amdt. No. 3303, Division II; To rescind $120 billion in Federal spending by consolidating duplicative government programs, cutting wasteful Washington spending, and returning billions of dollars of unspent money.
00006
26-Jan H.J.Res. 45
On the Amendment S.Amdt. 3303
Agreed to Coburn Amdt. No. 3303, Division I; To rescind $120 billion in Federal spending by consolidating duplicative government programs, cutting wasteful Washington spending, and returning billions of dollars of unspent money.
00005
26-Jan H.J.Res. 45
On the Amendment S.Amdt. 3302
Rejected Conrad Amdt. No. 3302; To establish a Bipartisan Task Force for Responsible Fiscal Action, to assure the long-term fiscal stability and economic security of the Federal Government of the United States, and to expand future prosperity and growth for all Americans.
00004
26-Jan H.J.Res. 45
On the Amendment S.Amdt. 3300
Agreed to Baucus Amdt. No. 3300 as Modified; To protect Social Security.
00003
25-Jan PN1077 On the Nomination Confirmed Confirmation Rosanna Malouf Peterson, of Washington, to be U.S. District Judge
00002
21-Jan H.J.Res. 45
On the Amendment S.Amdt. 3301
Rejected Thune Amdt. No. 3301; To terminate authority under the Troubled Asset Relief Program, and for other purposes.
00001
20-Jan PN635 On the Nomination Confirmed Confirmation Beverly Baldwin Martin, of Georgia, to be U.S. Circuit Judge

I think the answer is that they just don’t care. Why should they, Republicans will have the seat when it comes to things they need to get reelected on and that is, after all, the only thing they care about, isn’t it.

For all of the Republican hot air over the Health Care take over, we all know that it was only about reelection and nothing else. The usual RINO subjects continue to play their games, thinking that we don’t pay attention, can’t understand or are just plain too stupid to know the difference. I think it is the later.

I know that we can’t always have the perfect candidates, and I also know that in the liberal states, most of the time we are better off having a RINO as opposed to a Jackass. That is the facts of life. We have to live with it, even if we don’t like it. BUT, and this is a big but, similar in size to an elephants butt, we can still expect our RINO’s to vote with the Republican’s, cant we?

Senators, protect your office. That is one of your jobs, not ours. If you won’t stand up to a Bolshevik coup d’etat, why do we need you there?