SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Unusual? Sure. Constitutional? Probably. But definitely not a “slap”

Friday, Apr 4, 2014

* Senate Republicans were really upset yesterday

Gov. Pat Quinn engaged in a “sneaky abuse of power” when he sidestepped the Illinois Senate in an attempt to keep two controversial appointees on the job, Republicans said Thursday.

A week after the Democrat from Chicago used an unprecedented parliamentary maneuver to extend the tenures of two agency heads, GOP senators called on the Attorney General’s office to weigh in on the move and filed legislation designed to close a loophole in the Senate rules that govern gubernatorial appointees.

“This is really a slap in the face to the Senate,” said state Sen. Michael Connelly, R-Lisle.

* But this is what Gov. Quinn said yesterday…

“Well, the Senate President asked for more time and we were happy to give it to him.”

Audio…

It can’t possibly be a “slap in the face to the Senate” by the governor if the Senate President is the one who asked Quinn to do it. Pretty much every story written on this topic has made it appear as though Quinn did an end-run around Cullerton, when in fact, as subscribers already know, this was a negotiated deal.

* However, there is a good argument here

State Sen. Tim Bivins’ amendment would prevent an extension of the 60 session days of consideration the Senate has by law to confirm appointments made by the governor. Senate Republicans are also sponsoring a modification of the Senate rules, and have asked Illinois Attorney General Lisa Madigan to issue an opinion on the current law.

“This flies in the face of the constitution and its intent,” Bivins, of Dixon, said of Quinn’s actions. He noted that under the constitution, “the potential exists to make all appointments in this manner.” […]

The governor’s withdrawing the names of Hamos and Flores from consideration by the Senate and then moving to re-nominate them allows the time clock on the appointment process to restart, giving supporters of the an extra 60 [session] days to secure votes in their favor.

A governor could conceivably do this forever to get around the “advice and consent” clause of the Constitution. That’s a problem.

* However, the Illinois Constitution is weighted heavily in favor of the governor

The Governor shall nominate and, by and with the advice and consent of the Senate, a majority of the members elected concurring by record vote, shall appoint all officers whose election or appointment is not otherwise provided for.

Any nomination not acted upon by the Senate within 60 session days after the receipt thereof shall be deemed to have received the advice and consent of the Senate.

The General Assembly shall have no power to elect or appoint officers of the Executive Branch.

Unlike the federal branch, our state Constitution deems appointees confirmed if there is no Senate action. If the Senate chooses not to act, you can’t really compel it to do something here.

- Posted by Rich Miller        


7 Comments
  1. - The Captain - Friday, Apr 4, 14 @ 11:15 am:

    The Southern Illinoisan must not be into the whole brevity thing. Where they wrote:

    “A week after the Democrat from Chicago used an unprecedented parliamentary maneuver …”

    They could have more easily written:

    “A week after the Governor used an unprecedented parliamentary maneuver …”

    I’m sure they had their reasons.


  2. - Ahoy! - Friday, Apr 4, 14 @ 11:26 am:

    Senate Republican’s are barking up the wrong tree, this is not the Governor’s fault, it’s the Senators fault. The Senate could always just vote the two candidates down (or in). If they want to attach someone, it should be Cullerton, ask him for an up or down vote.


  3. - Walker - Friday, Apr 4, 14 @ 11:30 am:

    Different, and telling, reactions from Connelly and Bivins.


  4. - Hoping for Rational Thought - Friday, Apr 4, 14 @ 12:25 pm:

    Basically the “advice and consent” power in the IL Constitution is effectively symbolic/ceremonial at best.


  5. - Don't Worry, Be Happy - Friday, Apr 4, 14 @ 12:54 pm:

    I don’t see how this is getting around advice and consent. The Senate has the authority to vote down the nominee at any point and be done with it. This is on the Senate, not the Gov.


  6. - Anonymous - Friday, Apr 4, 14 @ 1:14 pm:

    As noted above - this couldn’t be abused by going on forever without the cahoots of the Senate. They would only need to vote the nominee down. The only folks who don’t have a say, really, are the minority party of the Senate, but then they rarely do.


  7. - Reformed Public Servant - Friday, Apr 4, 14 @ 2:22 pm:

    Much Ado About NOTHING…no ABUSE, just folks upset about not being in the majority.
    Senate can act whenever it wants to act, and if “not acted upon by the Senate within 60 session days after the receipt thereof shall be deemed to have received the advice and consent of the Senate.”
    The Senate, at its request, can even allow a person rejected by the Senate to be nominated again for the same office in the same session, or [HERE’s a KICKER that Obama learned in IL] to be recess appointed by the Gov
    In reality, a savvy Gov simply plays the clock out on a questionable appointment so that a session expires and if unsuccessful then, the appointment can be made in the following session


Sorry, comments for this post are now closed.


* Delegation goes to bat for Exelon
* Question of the day
* Reach out and touch someone
* *** UPDATED x1 *** "Downton Abbey" story was no random thing
* Most suburban towns could survive a year of state cuts
* Editorial: "Don't fall for Exelon bailout"
* The consequences of cuts
* It's just a bill, but it's interesting
* Martin’s Story: A Medical Error Changed Everything
* SDems upset GOPs by advancing partial FY 15 fix
* Forby asks AG Madigan for formal opinion on right to work zones
* *** LIVE *** Session coverage
* Rate hizzoner's new humble pie TV ad
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * YU coming out with 2nd smartphone dubbed “Project Caesar”
        * Kodi/XBMC app now does auto updating, no need for sideloading
        * Caviar app now available in Android for your food delivery needs
        * Uber partners with Fuhu, adds nabi 2 tablets to uberFAMILY rides
        * Even With Delays, Building A 12.9-Inch iPad Could Be The Easy Part
        * MWC 2015 daily wrap-up: Day 3
        * Apple Watch Site Lets Users Explore Different Band and Casing Combinations

        * How to Succeed in Venture Capital the John Doerr Way
        * Xolo Q600 Club Quad-Core Android 4.4 Smartphone Introduced
        * Judge Gives Preliminary Approval to $415 Million Settlement in No-Poaching Suit
        * Etsy, website where 20 million a year buy artsy goods, crafts IPO plan
        * Mike Evans, Musician and Blogger [Cool Tools Show Episode #23]
        * Netflix Insists It Hasn’t Changed Its Net Neutrality Stance
        * Etsy Lost Its Soul, But That Doesn’t Matter to Its IPO

        * Anderson focused on becoming top-notch shortstop
        * Putnam preparing for season with new perspective
        * Quintana comfortable, efficient in White Sox rotation
        * Alexei's 3 RBIs spark White Sox in spring opener
        * Hahn's plan to reshape White Sox slow to boil
        * Minnie was an icon for black fans in Midwest
        * The most meaningless White Sox spring training statistics of 2014

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        March 2015
        February 2015
        January 2015
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * As he seeks Wilson's runoff endorsement, Mayor .....
        * Court monitor says IDOT should clean house on h.....
        * Area congressmen lobby hard for nuclear industry..
        * Amid talk of cuts, state superintendent warns o.....
        * Chicago mayor says state budget is 'wrong appro.....
        * Remains of two babies found in Gary funeral home..
        * Christie Overstates Pension Accord With Union, .....
        * Senate President Cullerton: We're not stalling..
        * Most suburban towns could survive a year of sta.....


        * Sleet, snow pummel Evansville area
        * Court monitor says IDOT should clean house on hiring rules
        * Bankrupt Caesars unit gets court's OK to use cash, for now
        * Family of man killed by Chicago police sues the city
        * Chicago mayor says state budget is 'wrong approach'
        * Judge grants delay of medical marijuana permit in Kankakee
        * Girl, 15, gets juvenile prison until 21 in sibling's death
        * Illinois medical marijuana patients now number 1,600
        * Up to 10 inches of snow predicted for southern Illinois
        * Canton to blow historic steam whistle 3 times daily

        * Court monitor says IDOT should clean house on hiring rules
        * Senate President Cullerton: We're not stalling
        * Judge grants delay of medical marijuana permit in Kankakee
        * State's medical marijuana patients now number 1,600
        * Illinois hires firm to evaluate shuttered Eagle Creek Resort
        * Committee approves plan to plug some budget holes
        * Local men plead guilty to stealing millions from Illinois EPA
        * State superintendent warns of 'perfect storm' for school districts
        * Committee to consider plan for plugging budget holes
        * New state lawmaker Butler officially sworn in

        * Wisconsin committee passes Walker-backed bill targeting labor
        * Could Fido and Fluffy be your Amtrak seatmates?
        * Talks to end oil workers' strike to resume next week
        * Cookie deliverer to open second location near Loyola
        * Testosterone drugs like Abbvie's Androgel are overused, FDA warns


          * Emanuel tries to score points with Rauner attack
          * Mom of slain Urban Prep student: 'Can you please put a sheet over him?'
          * Two picked to build Chicago-area car-charging stations charged with fraud
          * Naperville bar stabbing victim can't recall details on witness stand
          * Wisconsin woman accused of Facebook chatting before crash that killed 3 children
          * Cook County judge halts medical marijuana license
          * Two charged in robbery on CTA's Red Line
          * Federal jury sides with police officers in fatal shooting, awards no damages
          * Woman rescued from Chicago River
          * Two babies' bodies found stashed in Gary funeral home ceiling


          * Lawmaker Suggests Eliminating Tuition Waivers For University Employees' Children
          * Profitable Exelon Seeks Legislation To Save Unprofitable Nuclear Plants
          * Let's Talk Kids - "A Future President"
          * Sexting Laws Could Be Added to School Handbooks
          * McDonalds to phase out chicken raised with certain antibiotics
          * Illinois Hires Firm To Evaluate Shuttered Eagle Creek Resort
          * A Universal Language
          * Combat Vets Recreate Lincoln's Hearse
          * 2015 Budget - CapitolView
          * PARCC Standardized Test Causes Problems


          * Court monitor says IDOT should clean house on hiring rules
          * Senate President Cullerton: We're not stalling
          * Judge grants delay of medical marijuana permit in Kankakee
          * State's medical marijuana patients now number 1,600
          * Illinois hires firm to evaluate shuttered Eagle Creek Resort
          * Our Opinion: Conquering stress, burnout important for all
          * Michael Gerson: Getting Africa's health systems to be self-reliant
          * Quote of the Day: Wednesday, March 4, 2015
          * Committee approves plan to plug some budget holes
          * Local men plead guilty to stealing millions from Illinois EPA


          * Scott Air Force Base surveys workers on sexual harassment
          * Weather closures and cancellations for March 5
          * PODCAST: Nebraska Pregame 3-4-15
          * WHBF gets 'Local' makeover
          * Coffee shop reopens on the square
          * Elmore plans could include big box sports retailer
          * LIVE! vs. Nebraska
          * Council hires downtown consultant, amends hotel ordinance
          * Throwback Thursday: Shrine opens for worship as construction continues
          * Wisconsin village 'sad' to see administrator leave for RI County


          * NFL stadium supporters in LA suburb file ballot paperwork
          * Images: St. Charles East vs. St. Charles North, boys basketball
          * Images: Lakes vs. Chicago Northside, boys basketball
          * St. Francis wrestling gets home of its own
          * LEADING OFF: Lee, Darvish take the mound for spring debuts

          * Combined Insurance Honored as Top Military...
          * Ex-Members of Congress Weigh Comebacks Aft...
          * Shimkus supports Tax Relief Bill - Shelbyv...
          * Senate passes bill, prevents Homeland Secu...
          * Rep. Rodney Davis and Rep. Mike Bost: Stro...
          * Delegation goes to bat for Exelon
          * Lincoln Day Dinner for Jackson County Repu...
          * Brief editorial comment: U.S. democracy
          * Giffords backs background checks for gun b...
          * Shimkus Seeking Art Contest Entries - Jour...

          * Bibi's Speech Is the Dems' Box Canyon...
          * George F. Will: IRS continues to act in pa......
          * Will: Stopping the IRS...
          * Supreme Court sharply split over major cha......
          * Merkley, colleague urge FDA to set tobacco......

          * Chicago Claims Headway on Swaps After Down......
          * Day of partisan tensions as Netanyahu speaks...
          * Despite Netanyahu claim, cheap oil not see......
          * Analysis - Despite Netanyahu claim, cheap ......

          * Municipal employees pack the hall for Chuy on the northwest side.
          * Meegan Files Lawsuit For Recount In Chicago's 33rd Ward Race
          * McDonald's To Curb Use Of Antibiotics In Chicken Food Supply
          * U.S. Supreme Hears Oral Arguments In Obamacare Subsidies Case
          * U.S. Supreme Court Hears Oral Arguments In Obamacare Subsidies Case
          * The Forgotten Emancipation
          * Environmental, Maritime Industry Groups Sound Off On Federal Ballast Water Bill
          * U.S. Senate Unsuccessful In Overriding Keystone Pipeline Veto
          * Congress Approves DHS Funding Bill Without Immigration Rollbacks (UPDATED)
          * Lawsuit Filed Over Fatal Chicago Police Shooting Of Roshad McIntosh


          * IEMA Urges People to Prepare for Severe Weather - Tornadoes, floods and severe storms can happen any time of year
          * IDHS helps more than 5,000 individuals with disabilities find jobs - Program offers necessary tools to earn a living wage and become more independent
          * 24th Anniversary Desert Storm Remembrance Ceremony
          * Illinois Department of Human Rights Announces 2015 Spring Training Schedule
          * Snow and Freezing Rain to Impact Travel in Illinois - IDOT Crews Prepared to Battle Winter Weather this Weekend




              Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller