January 15, 2009

The Minnesota recount is unconstitutional ...

... so says Bush v. Gore. But wasn't that case NOT supposed to be used as precedent?

At any rate, here's an interesting take:

And what if there is no reliable way to determine in a recount who won, consistent with Bush v. Gore's requirements?

The Constitution's answer is a do-over. The 17th Amendment provides: "When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

In a sense, a vacancy has already "happened." The U.S. Senate convened on Jan. 6 with only one senator from Minnesota. Still, the seat is perhaps not "vacant," just unfilled. But if the contest proceeding does not produce a clear winner that passes constitutional muster, a special election -- and a temporary appointment by Gov. Tim Pawlenty -- may be the only answer.

Any objective observer has to conclude that the recount in MN was a farce.

Posted by Hube at January 15, 2009 12:10 PM | TrackBack

Comments  (We reserve the right to edit and/or delete any comments. If your comment is blocked or won't post, e-mail us and we'll post it for you.)

I've advocated for a do-over on air for weeks now. The problem is all those questioned ballots have likely been shuffled through so many hands that there can not possibly be an accurate count at this point. It may cost millions, but this is important. Another election for this US Senate seat is the only way to remove all doubt.

Posted by: Mike Matthews at January 15, 2009 01:35 PM

I'm with you on this, MM. Shuffling ain't the word for it. It's just so not right in some way....not that I'm saying that Coleman should win, just saying the process doesn't give people much confidence.

Not that that had any to begin with....

Posted by: Shirley at January 15, 2009 08:15 PM

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