Want A Constructive Way To Honor Senator Kennedy?

The nation, Massachusetts and Democrats deserve that seat to be filled while health care is under consideration. However, that is not going to happen unless the Massachusetts State Legislature (aka Massachusetts General Court) exercises its power under the 17th Amendment to the Constitution of the United States. I will explain:


In 2004, the Massachusetts Legislature took away the power of the Governor of Massachusetts to appoint a U.S. Senator from Massachusetts to fill a vacancy in that office. That change in the law would mean a vacancy in the seat for about five months, until a special election is held.

Recently, Ted wrote Massachusetts Governor, Deval Patrick, asking to have the law changed so that Patrick could appoint Kennedy's successor until--and only until--a special election could be held.

Again, because there has been so much misunderstanding: Senator Kennedy's request would mean a difference between a seat that would be vacant for about five months and a seat that would be filled for that same five months. It does not affect the power of the people to choose his replacement in a special election. Either way, the people vote in the special election in about five months.

At first, the President of the Massachusetts State Senate, Therese Murray, opposed Senator Kennedy's last public wish, but she seemed to be changing her mind earlier this week. It's not too late.



No matter which state you are from, think about calling or emailing Therese Murray, President of the Senate of the Massachusetts General Court, to ask her to honor Kennedy's last public wish by supporting a bill to change the law to allow Patrick to appoint his successor. (Oddly, I did that yesterday (Tuesday) afternoon, only hours before Senator Kennedy passed, and then started handing out her number to friends.)



Here is her contact info:

Senate President Therese Murray

Her web page: http://www.mass.gov/legis/member/t_m0.htm

Her email Therese.Murray@state.ma.us

Her telephone and fax numbers:

Tel: (617) 722-1500 Tel: (508) 746-9332
FAX: (617) 248-3840 Tel: (508) 746-4910


While you're at it, contact the Speaker of the House of the General Court, Robert A. DeLeo, too.


State House District Office
Room 356 220 Beach Street
State House Revere, MA 02151
Boston, MA 02133
Telephone: 617-722-2500 781-289-8965
Facsimile: 617-722-2008 781-289-0582
E-Mail: Robert.DeLeo@state.ma.us


And contact Senator Kerry, asking him to use his influence with the Massachusetts General Court to see that it grants the last public wish of his good friend and long-time colleague.


If you live in Massachusetts, please also contact your state Rep and State Senator: http://www.mass.gov/legis/

I'm sure someone from their staff reads DU. With 2 million phone calls and e-mails, they'd probably agree.

Thanks again for compiling this. It's such a constructive way to honor his memory this morning.

get them to do that. If anyone knows, please feel free to link this thread, copy and paste it anywhere you want, etc.

Thanks for the K and R, too. He deserves it.

When Sen. Kennedy died, the law went into effect. Wouldn't it be unconstitutional to pass another law now? I mean, I'd love to be wrong, but it seems illegal to pass a retroactive law here.

not be a "retroactive law," nor would it violate either the 17th amendment to the Constitution of the United States or the Constitution of the Commonwealth of Massachusetts.

We need that seat filled in the very worst way right now.

BTW, the prior law went into effect in 2004, not when Senator Kennedy died. And state legislatures change their own laws all the time.

http://www.mass.gov/legis/laws/seslaw04/sl040236.htm

The U.S. Constitution prohibits bills of attainder and ex post facto laws. However, not all laws with retroactive impact violate the Constitution and the people of Massachusetts, as a whole, do not have a right to have a seat remain vacant for five months and would not even have standing to request a court to enforce that "right." Were it the other way around; i.e., if the Governor had the power to appoint someone and did so, and then the Legislature changed the law, it would be a very different story. Again, however, the average citizen would not have standing to challenge the law, only perhaps the Governor and/orhis appointee.

http://en.wikipedia.org/wiki/Ex_post_facto_law

As to the standing doctine, see among many articles: http://works.bepress.com/maxwell_stearns/29/

(That is for the SCOTUS and other federal courts: the standing doctrine in Massachusetts state courts may be different. However, eventually, the plaintiff would have to meet the standing standards of the SCOTUS.)

I will make the contacts.

That is all.

Kennedy's very last public wish. And, it is also something that you and I and other posters here actually have the power to get done.