Could Arizona Law Unseat Rep. Gabrielle Giffords?
- Posted on January 18, 2011 at 1:32am by
Meredith Jessup
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Rep. Gabrielle Giffords, D-Ariz.
While Gabrielle Giffords continues to make progress in her recovery from the shooting attempt on her life, a little-known statutory provision in Arizona law may threaten her role as a representative in Congress.
According to the Washington Post, a statute buried in state law says that if a public officeholder ceases to “discharge the duties of office for the period of three consecutive months,” the office shall be deemed vacant. It’s at that time, the law states, that a special election must be called to fill the opening.
The interpretation of the law varies and it was unclear Monday whether the state law would apply to Giffords, a federal officeholder.
Paul Bender, a constitutional scholar and former dean of the Arizona State University College of Law, told the Post that he believes any determination of a “vacancy” should be made by Congress. “The state has no right to say what the duties of a congresswoman are,” he said. “The state has no right to say when the office becomes vacant.”
Meanwhile, Arizona Gov. Jan Brewer was made aware of the statute Monday, but has not announced her decision on how best to proceed. “With Rep. Gifford’s tremendous progress, an answer to many prayers, we’ve deemed it to be far too early and entirely inappropriate to speculate, analyze, consider,” a spokesman for the governor announced.
Instead of calling for a special election to replace Giffords, it’s also possible Gov. Brewer could call for a special session of the state legislature to amend the law in such a way that would allow Giffords to fully recover before returning to work.
“This is a statutory provision that was written without vision of a case such as this and could lead to injustice,” said Jay Heiler, a former assistant attorney general and Brewer advisor.
Although the legislature is controlled by a Republican super-majority in both chambers, it’s unlikely that partisan politics would drive lawmakers to pursue any course of action that would deny Giffords her seat.
“We should let people recover before anybody makes a judgment about whether she’s fit to serve,” state Sen. Frank Antenori, a Republican who represents part of the Tucson area, told KTAR. “I don’t hear anybody making those discussions.”
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Comments (75)
natstew
Posted on January 18, 2011 at 8:41amThe 17th amendment took care of that. States have no rights left. If the Federal Government deems it, it is so.
Report Post »Marcobob69
Posted on January 18, 2011 at 8:28amI agree with you UNEEDMOREKOOLAID, if she was a Repub or a TEA partier, she would have already been replaced (with a Dem). So sad how the left works!! “By any means necessary” is their mantra.
Report Post »orcainohio
Posted on January 18, 2011 at 8:18amI think we should let it up to the people in her district. She is working for them not us.
Report Post »janedough1
Posted on January 18, 2011 at 8:09amOkay, while I agree that we need to give her time, we mustn’t forget that the people have a right to representation. If she isn’t going to be able to represent them, then someone else needs to. Congress doesn’t exist for the rights of Congress, or for the rights of the federal government. Congress exists to serve the rights of the people, and Gabby Giffords was in that position to serve the rights of the people. How in the heck to they misconstrue that to mean its a congressional and not state issue?
Report Post »sobeit
Posted on January 18, 2011 at 7:40amGive her time!
Report Post »Claude
Posted on January 18, 2011 at 7:33amAgreed, I hope she will be returned to as normal as she can be but in the mean time who represents the interest of the district? Her underlings? Can they vote? Much as she has suffered there is no reason to keep her in office if she cannot function as she was able to before the shooting.
Report Post »SickTwistedFreak
Posted on January 18, 2011 at 7:27amDoes anybody really believe this woman will ever be able to resume a normal life let alone serve in Congress?
Report Post »exATCer
Posted on January 18, 2011 at 7:25am“..he believes any determination of a “vacancy” should be made by Congress. “The state has no right to say what the duties of a congresswoman are,” he said. “The state has no right to say when the office becomes vacant.” Uhm, actually sir, yes the State does. They hired her!
Report Post »Gonzo
Posted on January 18, 2011 at 7:24amI was wondering when this would come up. Democrat Gov. of GA. Roy Barnes, appointed Democrat Zell Miller to a U.S. Senate seat following the death of Republican Sen. Paul Coverdell in July 2000. Can you imagine the outrage if Brewer appointed a Republican (not sure she can in AZ) to replace Giffords? Not a peep of outrage from the press when good ole boy Democrat Roy Barnes did it in 2000 though.
Report Post »BrotherWill
Posted on January 18, 2011 at 7:05amThis statement fails the logic test.
“The state has no right to say what the duties of a congresswoman are,” he said. “The state has no right to say when the office becomes vacant.”
Uhhh…so let me get this straight. The people who voted for the person have no say in what they do for them? Sorry, logic fail. Thats like saying a person who hires somebody to a job for them has no say in how that job is done or even what that job is. The guy is just plain wrong.
She is the elected REPRESENTATIVE of that district in that state. The people who voted for her have all the say in what happens according to STATE law. The part this guy is missing is she is a representative for the STATE to the federal government, not a FEDERAL representative to the STATE from DC. And we wonder why they misinterpret the Constitution as well.
Report Post »Endstatism
Posted on January 18, 2011 at 6:35amIts wrong to even consider removing Congresswoman Giffords. I believe that she will be able to discharge her duties as a represenative in time. Keep up the prayer for Giffords and her family.
Report Post »RightPolitically
Posted on January 18, 2011 at 6:15amA temporary replacement might be necessary, but anything beyond that would cause a furor, and rightly so………..change the law Arizona!
Report Post »psycodad36
Posted on January 18, 2011 at 5:38amlaw seems clear.three months without representation .pray she recovers.don’t want to watch that fight go down
Report Post »norway1516
Posted on January 18, 2011 at 5:13amlets give her some time and in a few months see where she stands.
Report Post »Mickey67
Posted on January 18, 2011 at 5:05amIn my hometown, we have people in much worse shape than she is now in, voting in elections. This voting is helped along by Democrats, with absentee ballots. Give her plenty of time before she is removed from office. She seems like the kind of person we need in the US House. We all hope for a full recovery.
Report Post »justice
Posted on January 18, 2011 at 4:56amLets boot her, but keep Rangall and Walters. Only the Goverment survives.
Report Post »LEARN-FROM-THE-GIANTS
Posted on January 18, 2011 at 4:27amThe American way of doing things is to help anyone deserving of help.
If kids who are seriously ill and unable to physically attend school can do their work via closed circuit TV, Gifford should be able to handle her responsibilities the same way. I am a Tea Party Republican that believes in putting the citizens interests ahead of the party’s interests or what is best for the government. Citizens come first! Gifford is the duly elected representative from Arizona.
Isn’t the proper thing to do to provide her with any special equipment or services she may need to do what she was elected to do?
What goes around, comes around. I’d love to see the Republicans lead the charge on this act of compassion.
Report Post »peaceuntou
Posted on January 18, 2011 at 4:26amYea Rep. Gabrielle Giffords keep getting well. prayers to all the families as well.
Speaking of shooting victims, the following has been brought to my attention, see what you think?
Federal Judge John McCarthy Roll Assassinated After Threat To Obama Agenda?
A Foreign Intelligence Service report circulating in the Kremlin today states that the top US Federal Judge for the State of Arizona was assassinated barely 72-hours after he made a critical ruling against the Obama administrations plan to begin the confiscation of their citizen’s private retirement and banking accounts in order to stave off their nations imminent economic collapse, and after having the US Marshals protecting him removed.
According to this SVR report, Federal Judge John McCarthy Roll was the Chief Judge for the United States District Court for the District of Arizona who this past Friday issued what is called a “preliminary ruling” in a case titled “United States of America v. $333,520.00 in United States Currency et al” [Case Number: 4:2010cv00703 Filed: November 30, 2010] wherein he stated he was preparing to rule against Obama’s power to seize American citizens money without clear and convincing evidence of a crime being committed.
Source: EUTimes.net
http://www.eutimes.net/2011/01/top-u…-obama-agenda/
Report Post »Showtime
Posted on January 18, 2011 at 1:28pmWOW!
Report Post »Thanks for that one!!!
tifosa
Posted on January 19, 2011 at 7:11amGabrielle Giffords was the target. The others were shot because they were THERE! period
Report Post »Sandy
Posted on January 18, 2011 at 3:25amThey propted up Kennedy to sign stuff, if she can give a 10 min neck rub one week later, I‘m sure she’ll be able to sign some legislation within 3 months.
Report Post »scout n ambush
Posted on January 18, 2011 at 2:43amSomeone should help here do some work once every three months till she can go back to work.she is a tough cookie and is doing so good it won’t be long but keep the feds out leave it up to the people who elected her.
Report Post »An Arizonan
Posted on January 18, 2011 at 3:23amI think that all the reports coming in show that within three months she should be ready to go. Even though she voted for ObamaCare, she is a rare, true BlueDog Dem. We need more of them in Congress
Report Post »LibertarianRight
Posted on January 18, 2011 at 2:39amWhile it would be a tragedy for her to be removed from office due to what happened, that is not the most important thing here. It is far more important that the constituents from her district have a representative in Congress within a reasonable amount of time. Furthermore, there is no guarantee that she will completely recover within that time – or at all, as the bullet went through her brain, it is possible that there will always be brain damage to the point that she will no longer be a competent representative. Much as we may pray otherwise, three months is clearly enough time to determine what the reality will be.
Report Post »scout n ambush
Posted on January 18, 2011 at 2:51ammany of the reps are incompetent she has a excuse but i get your point she may have to learn to speak again but she may be able to write or vice versa we should find out soon but the lady needs a reason to keep fighting and doing her job might be what it takes to get her motivated
Report Post »cmsmik
Posted on January 18, 2011 at 6:33amMy point exactly! She may not be able to do the job anymore. AZ may need to start coming to grips with that.
Report Post »1unwashed
Posted on January 18, 2011 at 8:48amThe law was written to make sure the people have representation. Congresswoman Giffords may decide the people need representation and let them put someone else in.
Report Post »cykonas
Posted on January 18, 2011 at 8:56amYour point is well made. Additionally, we are a nation of laws, not men. This matter, which is strictly for Arizonans to decide, is no different. If the law proscribes that she be replaced, then so be it. It‘s tiring to read many posts here and elsewhere where posters think laws can be ignored when it’s okay with them, but when the “other side” wants to ignore a law they get up in arms and scream foul. The law is the law and it should be followed, or it should be properly amended if Arizonans think that is the best thing. My experience though is that making laws for the exception, instead of the rule, is not generally a good thing.
In Rep. Giffords case I hope it does not come down to her needing to be replaced. But if it does the decision should be made by the law and the folks in her district, not us.
Report Post »123gone
Posted on January 18, 2011 at 2:25amThe Congresswoman is a Representative of Arizona State – the Federal Government should NEVER have the authority to dictate to the State how they are to deal with the situation.
It would be another example of the Federal Government attempting to take away this State’s Rights !!
Report Post »Showtime
Posted on January 18, 2011 at 1:10pmDid it ever occur to anyone that Giffords could realize her own limitations (if any) and RESIGN?
Report Post »RobertCA
Posted on January 18, 2011 at 2:24amWhy publishing this @ this moment ????????????
Report Post »Showtime
Posted on January 18, 2011 at 1:08pmBecause it is a subject that has been forced into the light, and perhaps the thoughts of WE THE PEOPLE are welcomed. The elected officials do not want to piss off the voters!
Report Post »BoilitDown
Posted on January 18, 2011 at 2:13amRemoving her for that statute would be pretty low after she took a bullet in the line of duty. I think the outcry would be deafening.
Report Post »spikebu
Posted on January 18, 2011 at 4:05amThat statute won’t apply to her. I believe in miracles. I believe she’s gonna walk out of that hosp in a coupla weeks. Ms. Giffords was not a “bad” democrat. She was a, I don’t think you could actually label her. I agreed with her on some things and disagreed with her on others. I think that’s called normal? I’ve been married for 22 years, believe me, we don’t always agree! Why are we always expected to agree with the left?
Report Post »UPSETVET
Posted on January 18, 2011 at 5:15amI believe it’s way premature to start talking about replacing Congress woman Giffords. Her replacement should depend upon her mental capability to perform her duties as a Congresswoman ( representative ) elected by the state of Arizona.
Report Post »I disagree with Paul Bender, a constitutional scholar, who gave his opinion that it’s not a STATE but a FEDERAL matter to decide what should be done. Wasn’t Mrs.Giffords elected by voters of Arizona to represent the citizens of Arizona ? If it’s not a matter for the State of Arizona to deal with, then why do elected Congress and Senate members need to have their credentials approved and signed by the state (Attorney General) they are elected to represent before being seated ?
The shooting of Congress woman Giffords was tragic . Hopefully she’ll be able to return to her normal duties after a period of convalescence, if not she’ll have to be replaced by another election in the State of Arizona.
I was a career Marine with 12 years of military service including 2 years of combat tours in Vietnam when I was wounded in the line of duty. Due to those wounds I was given a medical discharge in spite of the fact that I requested to remain in the USMC on active duty. My request was denied and my military career came to an end. Sometimes things happen that are beyond our or anyone’s control that make unwanted changes inevitable
walkwithme1966
Posted on January 18, 2011 at 4:45pmI think I agree with you BOILITDOWN – I am sure most of her duties are being done by her staffs both in Washington and in Arizona. Did you ever think a liberal and you would agree on anything?
Report Post »http://wp.me/pYLB7-wA
1TrueOne55
Posted on January 18, 2011 at 6:08pmYeah just look at the other Senators that deserved to be run out of Congress. They were nearly 100 years and they could not hold a coherent conversation in a normal fashion but they were used by their respective parties for a guaranteed vote, whether they knew what the bills were about.
Representative Giffords should be given time to rehabilitate.
I would look in to the motives of the group or individual pushing this so fast.
Report Post »godlovinmom
Posted on January 18, 2011 at 2:05amBrewer is right…a little too early for that…I‘m sure there’s enough people around to take care of her duties…hopefully while she “fully” recovers…
Report Post »A Doctors Labor Is Not My Right
Posted on January 18, 2011 at 4:29am““This is a statutory provision that was written without vision of a case such as this and could lead to injustice,” said Jay Heiler, a former assistant attorney general and Brewer advisor.”
First, this may well be a Federal, not State, issue. Sounds right, but I’m not sure.
Second (assuming it’s a State issue), since it was written as a catch-all law, it‘s wasn’t necessary for it to have been written with vision of any particular case.
I can‘t believe how many of our elected officials can’t get beyond the legalese of the law. Laws are to be written to protect unalienable rights – rights that we have in the real world, and not in some recursive, legislative bubble. And as such, laws must make sense in the real world.
Ironmaan
Posted on January 18, 2011 at 6:08amTime is the order of the day here. She seems to be continually getting better, so lets not rush to replace her. http://guerillatics.com
Report Post »Islesfordian
Posted on January 18, 2011 at 6:28amWhat is the status of her condition? Is she able to converse? I still think that she will be out of commission for quite some time. She should not return to Congress if it will be a hindrance to her total recovery.
Report Post »tower7femacamp
Posted on January 18, 2011 at 6:29amsearch for the truth
Report Post »http://www.washingtonpost.com/wp-dyn/content/article/2008/03/13/AR2008031302277.html
uneedmorekoolaid
Posted on January 18, 2011 at 6:46amYou know if she was a Republican and there was a “super-majority” in the state legislature the Dems would have called for a special meeting while the ambulances were still on the seen, so they could vote a new law to have her removed from office by dinner time saturday.
But that is just the way they operate, you know, above the law.
grandmaof5
Posted on January 18, 2011 at 7:34amI pray for Gabrielle Giffords daily, as I’m sure many people do, and while I can’t prove God has had a hand in her recovery, doctors continue to be amazed and pleased with her progress. God speed.
Report Post »912er
Posted on January 18, 2011 at 7:37amI think its funny that Democrats just love to change the laws when it benefits them, then change it back when it benefits them. ie. Massachusetts. The law is the law. If thats what the law says, live with it. Thats why we are in this mess, the law means nothing to these people.
Report Post »Xcori8r
Posted on January 18, 2011 at 7:50amIt’s not about being nice to the victim; it’s about representing the constituents. It’s only a two year term and if she is going to be out for most or all of it, the voters are disserviced.
However, she should be given every reasonable opportunity and consideration to keep the seat.
Report Post »beekeeper
Posted on January 18, 2011 at 8:24amNobody is calling for her replacement, left or right – this is simply a report on the ambiguity in the AZ law…
If the law applies, it’s a few more months before it is an issue.
Report Post »Armed Patriot
Posted on January 18, 2011 at 8:34amtower7femacamp
“Congress quietly prepares to renew Patriot Act”
My friend… The Obama administration has renewed the Patriot Act and gone far beyond every year since he was elected. They have expanded warrantless wiretaps to law abiding CITIZENS, cell phones, GPS tracking units on vehicles, etc. This will be his third signature on it.
As far as Rep Gabrielle Giffords, give her time to recover. Now is not the time. It seems if not written into the constitution, it is a States Rights issue (10th Amendment) . After all, the Rep is accountable to and representative of her district, not the House of Representatives. Her office staff is not elected and although may be able to shuffle papers and do most of the work, they are not the elected official representing the district. It seems as though this law was intended EXACTLY for this kind of issue… or a Robert Byrd???
Report Post »kindling
Posted on January 18, 2011 at 10:40amIt is the left that is apt to decide these things based on how they feel about it. We on the right have the truth on our side.
Report Post »Showtime
Posted on January 18, 2011 at 1:05pm@Islesfordian
Posted on January 18, 2011 at 6:28am
What is the status of her condition? Is she able to converse?
She has had a tracheostomy and has a tube in her throat which does not allow air to pass her vocal cords. She has not yet mouthed words. The doctors do not know if she will be able to speak or not.
My thought is that, with a Democrat in the WH, if this gets into the court stream, O’s federal judges will decide in a manner to his liking. Meanwhile, we are all praying for the best possible for Gabby.
Report Post »tower7femacamp
Posted on January 18, 2011 at 5:13pm@ARMED PATRIOT yes but I expected Barry to take our rights
Report Post »I am just pointing out the Republicans seem to be ok
with trampling our rights, I am no longer voting
until we really get a choice.
1TrueOne55
Posted on January 18, 2011 at 6:00pmThis is the reason that the Progressive Congress under Woodrow Wilson created the system we now use to choose our Senators and why they are no longer the check and balance they once were to the public’s half of the Congress, the House of “Representatives”. Now your “State” Senator is “Federal” official representing the “Federal” Gov’t not the State from which they reside in. It used to be the State appointed their Senator by Legislators that voted on the candidates for Senator or by the Governor picking the best candidate to represent the State Gov‘t’s interests in the Federal Governments actions. When the population of the state chooses representatives in both houses then it is rife with fraud and political power grabs etc.
Report Post »Sam I am
Posted on January 18, 2011 at 8:29pm……and that’s why Brewer would make a good candidate for president. She has gumption when she needs it, and compassion when the time is right.
Report Post »You go girl!!!
What-A-Joke
Posted on January 18, 2011 at 8:42pmWe have so many laws now we have to decide which ones to enforce, but we keep making more?
She hasn’t suffered enough, lets add defending herself and keeping the job she has worked so hard to get elected, to the list of things she has to do? Why not?
http://www.clubseabreeze.com/TimPhillips/indexnew.html
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