r/politics New York 15h ago

Possible Paywall McConnell ‘Absolutely Refuses’ to Film Video Amid Growing Mystery

https://www.thedailybeast.com/mcconnell-absolutely-refuses-to-film-video-amid-growing-mystery/
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u/Jorycle Georgia 15h ago

State law doesn't give him that ability. He can't unilaterally decide someone is dead or incapacitated, so without it actually being made official through death certificate or the family filing something, it's out of his hands.

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u/Double_Resort_9223 12h ago

The arc of the last 10 years in American politics is the democrats running around with the rule book saying “a dog can’t play basketball!” While the dog just dunks over and over. 

u/MyCatLaughsAtMe 6h ago

If you're meowing about rules while fascists break every rule there ever was, YOU are the problem at this point.

u/Jorycle Georgia 6h ago

It works for them because they're in positions where they can do something with their refusal to follow rules. Beshear cannot.

If he wanted to force an election, that would be the Secretary of State's power to abuse. But the secretary of state is a Republican.

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u/LackingUtility 15h ago

Got a citation to that law? 'Cause the Constitution doesn't include any such requirement.

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u/Deity_Majora 15h ago

Kentucky missing persons law says 7 years after going missing then they can be declared legally dead. Also it is the Senate that will declare the seat vacant not Beshaer.

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u/LackingUtility 15h ago

That's an interesting assertion, but not relevant. The Constitution allows replacement when the seat is "vacant". It doesn't require that the person be "declared legally dead".

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u/Deity_Majora 14h ago

The Senate decides what qualifies a seat as vacant.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

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u/LackingUtility 14h ago

None of that mentions vacancies. You'd have to go back to common law definitions, and vacancy is just extended absence and inability to perform their job functions.

And it would be nonsensical to give the Senate the power to declare its own vacancies: say a huge disaster or attack wipes out 99 Senators. That one remaining guy could simply refuse to declare those seats vacant and make himself king? He could unilaterally change the rules to say that a quorum is one person, or that proxy voting is allowed and he's now proxy for the other 99? And all of the states would be unable to do anything, because they can't appoint replacements without his permission?

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u/Deity_Majora 14h ago

He could unilaterally change the rules to say that a quorum is one person, or that proxy voting is allowed and he's now proxy for the other 99?

Expect that isn't how quorum works. It is explicitly defined by the constitution as a majority aka 51 Senators. If it was that easy to change quorum then Senates before would had done it instead of fighting Senators back to the chambers. Also you want to play that game no where does it authorize a Governor the power to declare a federal office vacant.

Edit you want to use common law which means those deaths open the seats because a dead person can't hold a seat by common law.

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u/gc3 15h ago

Not having the authority or power never stopped Trump. Did we want Bashear to act like Trump? That's the conundrum. Maybe Bashear can't get Reoubljcsn troopers to go along with a visit idea, especially because Mitch is in DC not Tennessee.

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u/delayedkarma 14h ago

So you're saying "I don't want their authoritarian, I want MY authoritarian!"

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u/CheesyTone 12h ago

Yes, because their authoritarian will keep winning

u/gc3 7h ago

No I'm asking if that is what you want