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DetroitLegalBeagle

(2,544 posts)
54. The citation is basic comprehension of the English language and common sense
Mon Jul 13, 2026, 09:54 AM
5 hrs ago

There is no structural way to ensure a Senate seat is always occupied. There is no line of succession for a Senate seat. Vacancies happen due to death or resignation or expulsion. Article 1 states "The Senate of the United States shall be composed of two Senators from each State." which means the Senate is made of 2 Senators from each state. it does not, in any way, state that the seats be occupied at all times. The 17th Amendment explicitly recognizes that vacancies happen and lays out how they are to be handled which means the the seats can sit empty until the vacancy is filled. Its ridiculous to interpret Article 1 as a requirement to have 2 living Senators at all times because that means the resignation, expulsion, or death of a Senator is technically Unconstitutional with that interpretation.

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Mortician/deceased confidentiality lame54 23 hrs ago #1
Who is deceased in the OP's scenario? ColoringFool 22 hrs ago #16
I would think the governor of the state on behalf of the citizens of Kentucky. CrispyQ 23 hrs ago #2
I believe it is up to the judge to determine if the petitioner has standing. flashman13 23 hrs ago #5
Puke evil lies catching up to them. They are never honest brokers, toss them all out. Blues Heron 23 hrs ago #3
No they couldn't. onenote 23 hrs ago #4
That is pretty categorical. Are you an attorney? Can you support that opinion? flashman13 23 hrs ago #6
Yes, I'm an attorney. onenote 23 hrs ago #7
About appointing a replacement Mz Pip 23 hrs ago #10
Kentucky for a time had a law requiring appointment of a replacement from the same party onenote 22 hrs ago #11
The Republican legislature removed Beshear's ability to make an appointment. flashman13 21 hrs ago #25
Doesn't the governor have a responsibility to appoint? orthoclad 18 hrs ago #37
There is a requirement in the law for a state to have two live senators Mysterian 22 hrs ago #17
Can you provide a citation? Is this a Kentucky law requirement? onenote 22 hrs ago #20
"shall be composed of two Senators" Mysterian 21 hrs ago #28
Right. And there can be vacancies. onenote 20 hrs ago #33
The law requires two senators Mysterian 18 hrs ago #41
The Constitution requires two Senate seats DetroitLegalBeagle 17 hrs ago #42
Correct. Not that it will matter to the person who has decided they are a legal expert. onenote 17 hrs ago #43
That's ridiculous Mysterian 6 hrs ago #53
The citation is basic comprehension of the English language and common sense DetroitLegalBeagle 5 hrs ago #54
So you got nothing Mysterian 3 hrs ago #55
I'm not an attorney but I think HIPAA also applies. yardwork 17 hrs ago #44
Correct. onenote 17 hrs ago #45
Thanks. yardwork 17 hrs ago #47
what if he is being abused? Skittles 22 hrs ago #19
Yeah. Wellness check. orthoclad 18 hrs ago #38
It's weird. Mz Pip 23 hrs ago #8
It's clear you are not an attorney. Ms. Toad 23 hrs ago #9
Wondering how well HIPAA would work if it were a Democratic Senator PuraVidaDreamin 22 hrs ago #13
The exact same way. Ms. Toad 22 hrs ago #15
Yep, HIPAA definitely would prevent the hospital or other third parties from releasing such information without consent. onenote 22 hrs ago #14
Again, I'm not an attorney, but a federal judge has immense power and can more than likely over ride HIPPA. flashman13 21 hrs ago #29
No one had standing. Ms. Toad 19 hrs ago #34
Do HIPAA rights apply to a corpse? I think that is what we are dealing with here. flashman13 19 hrs ago #35
Yes. For 50 years. Ms. Toad 19 hrs ago #36
He has not "reappeared": orthoclad 18 hrs ago #40
Why is this vitally important to large numbers of people? yardwork 17 hrs ago #48
HIPAA only applies to medical staff orthoclad 18 hrs ago #39
That is incorrect. HIPAA applies to everyone. yardwork 17 hrs ago #49
I stand corrected. It applies to hospital staff. orthoclad 17 hrs ago #50
It applies to everyone who could have access to his personal medical information. yardwork 17 hrs ago #51
Like Meta? orthoclad 16 hrs ago #52
Sorry, I hadn't seen your post when I made mine upthread. yardwork 17 hrs ago #46
I don't care about Senator McConnell's condition. I hope he doesn't come back to the Senate. patphil 22 hrs ago #12
The live McConnell has been defying Trump in recent months. flashman13 21 hrs ago #30
i think beshear shd just declare the seat vacant and schedule an election. even if he's alive, mopinko 22 hrs ago #18
What utter nonsense. Why not just have every Democratic governor declare every Republican office vacant? tritsofme 22 hrs ago #21
is every republican office vacant? mopinko 22 hrs ago #23
And why wasn't Kirk's seat declared vacant? Because governors simply don't have the sort of arbitrary power you imagine. tritsofme 21 hrs ago #24
No judge is going to touch this DetroitLegalBeagle 22 hrs ago #22
CNN has him sitting up and smiling on their home page Bristlecone 21 hrs ago #26
Nope. Ocelot II 21 hrs ago #27
He's in rehab after a fall. LeftInTX 21 hrs ago #31
McConnell. Someone called him Schrodengers Senator lame54 20 hrs ago #32
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