Regardless of how clean his selection process may theoretically be, you’d think Patterson would have enough sense to know that he had to publicly demonstrate some measure of consideration of input from others — in other words, demonstrate some deliberative process — or else it would automatically look suspect, simply because it was done in secret!

But his office is already is on the defensive, as one State official is now even publicly claiming Patterson may be violating state law by keeping it secretive!

Keeping the questions posed to Senate hopefuls secret appears to violate the state’s post-Watergate freedom of information laws, according to Robert Freeman, executive director of the state Committee on Open Government, the state agency that regulates enforcement of the good-government laws.

“How could it not be public? It’s a blank form,” said Freeman, a lawyer who since 1976 has been the top state employee advising government and the public on interpretation of the public officers’ law.

The names of those under consideration also should be disclosed, Freeman said.

Secondly, the 17th amendment to the United states Constitution makes it absolutely clear that the preferred method of selection is through the ballot box. The Republicans in New York can and should hammer away at that, more so than their counterparts in Illinois did.

It provides, in part:

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

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. (my emphasis)
. . . .

Finally, they could even point to the Supreme Court decision of Powell v. McCormack the landmark case out of New York, which became part of the undoing of Harry Reid’s initial attempt to block the Burris appointment.

That whole decision was underscored by the fact that Adam Clayton Powell had been elected to the seat in Congress, and had absolutely nothing at all to do with honoring a temporary appointment.

Where, one wonders, would one go looking for support for honoring an appointment over an election? Surely not in the Constitution, or the decisions interpreting it!

The real reason Reid was trapped was because of the allegations regarding race, and the fact that if they had refused to seat Burris, they feared there would have been impetus anew for a special election in Illinois.

The New York Republicans could very comfortably take their battle cry from the conclusion in Powell:

A fundamental principle of our representative democracy is, in Hamilton’s words, “that the people should choose whom they please to govern them.” 2 Elliot’s Debates 257.

Save the world, bend over, here comes the Left.

Good thing they’re all hopelessly gelded impotents, otherwise it could be painful.

Obama’s Surgeon General assures us that that’s perfectly safe.

…which is, of course, a pretext to the upcoming EPA “greening” of our carbon-emitting powerplants. Divert the smokestack output directly up the constituency’s collective wah-zoo, thus capping carbon emissions. Save the world, bend over, here comes the Left.

If he really cared so much about our lungs, he would stop blowing smoke up our asses.

Obama’s Surgeon General assures us that that’s perfectly safe.

NoDonkey on January 14, 2009 at 2:56 PM

If he really cared so much about our lungs, he would stop blowing smoke up our asses.

Florida and Minnesota should have a special election, with extra-large print, improved lighting, and aides to help mark ballots.

Or they could just send the Minnesota Democrats to the polls, so they can all get a good kick in the ass for sending Al Franken to Congress.

Besides those unremarkable accomplishments, he’s just kept the chair warm

Nurse Bloomie banned transfats and smoking, he is an American hero for the ages.

Rudy for Senate?

Steve Z on January 14, 2009 at 2:45 PM

Won’t happen. He’s been vilified attached to Bush and the GOP.

And what a shame that is. Rudy wanted a 3rd but Bloomie said “nah-ah”. Now Bloomie wants a 3rd term; his only achievements have been a $400 property tax rebate [soon to be revoked] and 3-1-1. Besides those unremarkable accomplishments, he’s just kept the chair warm, in spite of all that read to the contrary.

ThePrez on January 14, 2009 at 2:06 PM

What he said.

I don’t see any of you “high and mighty” bunch strapping on muskets to rebel against the Blue Tyranny, either. Just a whole lot of drum-and-fifing.

There’s groundswell that oppose Caroline and her appointment will damage the Dems in NY. Dems need independents, even here; “governance by default” is not the way to net them. We’re taxed to the gills already. I might be overenthusiastic but the dems are looking shifty, shady, demanding, and thoroughly un-Democratic. The GOP has cards to play, for sure.

Mr. Joe on January 14, 2009 at 12:37 PM”

perhaps, but the question becomes, are ny voters as moronic as mn voters?

Buckaroo on January 14, 2009 at 12:38 PM

Come on Buckaroo! They elected a carpet muncher bagger like Hillary!

Screw you.

Paterson should just appoint her and get it over with.

That’s not good enough.

She shall ascend into heaven and be seated at the right hand of Great Leader.

So as it is been written and so shall it be.

Thunderdome!

VACalbear on January 14, 2009 at 1:24 PM

“Two go in! One comes out”

How about a deathmatch?

LimeyGeek on January 14, 2009 at 12:42 PM

Thunderdome!