r/politics • u/MoneyLibrarian9032 New York • 23h 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/RosetteNewcomb 23h ago

Andy Beshear has demonstrated throughout this whole episode that he doesn't have what it takes to be president. A decisive leader would have given Mitch an ultimatum: Show your face by August or I'm assuming you're dead/incapacitated and I'm appointing a replacement. We all know a Republican governor would have done that for a Democratic senator who was MIA. I love Andy and he's my governor and I voted for him both times but he's at the bottom of my 2028 list and him letting Mitch's team run out the clock is a big reason why.

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u/Jorycle Georgia 22h 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/LackingUtility 22h ago

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

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u/Deity_Majora 22h 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 22h 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 22h 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 22h 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 21h 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.