Remember Brit Hume's question to the GOP Prez candidates in the Fox News debate about the lengths to which the prospective Commanders-in-Chief would go to get information on possible terrorist plots, basically asking if the candidates would allow torture to prevent an attack? Well, in light of this letter, I have an important question for the Republican Presidential candidates: "Would you be willing to eliminate the 'Don't Ask, Don't Tell' policy if having gay members of the military directly prevented a terrorist attack?"
That Wyoming bit is pure crap. The 17th grants Governors the power to "appoint"; it doesn't not specify the process before the appointment. In the absence of Constitutional clarity or specification, it is up to state law. Even though the law directs the Republican Party to select three names--even if the law directed the town crier to select a name randomly from a pool of guys named "Johnson--it is still the Governor who actually appoints the person to the Senate, fulfilling his Constitutionally-assigned duty. Straying from outside this process would be a violation of Wyoming law.
The article you linked to makes a supremely large assumption when it asserts that the state legislature cannot "make or constrain" such appointments (emphasis mine). It is true that the state legislature cannot make the appointment. But there is no inkling in the Constitution that states that the state legislature cannot write law setting parameters on his power of appointment. We live in a Republic with at least shred of federalism left; since the Constitution does not forbid it, the state legislature is in full compliance with the Constitution when it enforces such a provision. In the same manner, other states are in full compliance when they demand the Governor appoint a member of the same party in the event of a vacancy.
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That Wyoming bit is pure crap. The 17th grants Governors the power to "appoint"; it doesn't not specify the process before the appointment. In the absence of Constitutional clarity or specification, it is up to state law. Even though the law directs the Republican Party to select three names--even if the law directed the town crier to select a name randomly from a pool of guys named "Johnson--it is still the Governor who actually appoints the person to the Senate, fulfilling his Constitutionally-assigned duty. Straying from outside this process would be a violation of Wyoming law.
The article you linked to makes a supremely large assumption when it asserts that the state legislature cannot "make or constrain" such appointments (emphasis mine). It is true that the state legislature cannot make the appointment. But there is no inkling in the Constitution that states that the state legislature cannot write law setting parameters on his power of appointment. We live in a Republic with at least shred of federalism left; since the Constitution does not forbid it, the state legislature is in full compliance with the Constitution when it enforces such a provision. In the same manner, other states are in full compliance when they demand the Governor appoint a member of the same party in the event of a vacancy.
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