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.


* Somebody's fee-fees are hurt
* Today's quotable
* Peoria paper warns of "revolution"
* Today's number: 86
* Question of the day
* Strike vote, then one-two punch for CPS
* Dealing with "the Madigan question"
* Rauner again refuses to comment on transportation lockbox proposal
* Trump on Chicago violence
* Indiana ain't no shining state on the hill
* *** UPDATED x3 - LWV, Common Cause, ACLU respond *** Federal judge rules in Illinois Policy Institute's favor on election day registration
* Voices warns about stopgap budget impact
* Illinois Policy Institute's legal arm intervenes in Mautino case
* SUBSCRIBERS ONLY - Supplement to today’s edition
* 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

  
* Hello, leaked Google Pixel XL
* Google changes existing Chromecast packaging before the Ultra hits
* New Chinese Galaxy Note 7 explodes while charging
* Udacity partners with HTC Vive, Google for VR content development course
* October 28 is new Galaxy Note 7 sales date for Europe
* Airbnb revamps its app with new tools for hosts, improved messaging
* Early marketing material for BlackBerry DTEK60 leaks

* Morneau's 3 RBIs back Shields in 1st W since July
* Sale looks to improve Cy Young hopes vs. Rays
* Shields snaps 10-start winless run vs. Rays
* Morneau's 3 RBIs back Shields in 1st W since July
* Morneau's 3 RBIs back Shields in 1st W since July
* Chance concert at U.S. Cellular is a success
* Eaton hopes for return to lineup on Tuesday

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


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

Archives
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
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


* Oak Park activists urge support for Clean Power.....
* Our View: Video gaming booming in Rockford and .....
* How to act during a traffic stop? New video for.....
* TRUMP pans ‘war-torn’ CHICAGO as IVANKA visits .....
* Chicago State University has just 86 freshmen t.....
* Governor issues “call to action” to assist vete.....
* Leef slams AFSCME's 'cavalier attitude,' 'ridic.....
* Blumenthal sides with Rauner on labor showdown .....


* Many women say Trump showed too much testosterone at debate
* Marion doctor subpoenaed in Illinois investigation
* Marion doctor subpoenaed in Illinois investigation
* Data show just 86 freshmen enrolled at Chicago State
* Urbana man pleads guilty to choking wife, hiding body
* Correction: Kidnapping Charges-Illinois story
* Hearing to discuss preparations for Zika in Illinois
* Hearing to discuss preparations for Zika in Illinois
* U of Illinois plans vigil after shootings
* U of Illinois plans vigil after shootings

* IMA says workers' comp reform, broader sales tax base will help manufacturing jobs
* Data shows just 86 freshmen enrolled at Chicago State
* Doctor subpoenaed in Illinois medical marijuana investigation
* Data show just 86 freshmen enrolled at Chicago State
* First Gold Star Families Day observed at Capitol
* Chicago teachers vote to authorize strike in contract talks
* Donation lifts fundraising caps in Illinois comptroller race
* Planning underway locally for Illinois' 200th birthday
* Attack on state senator leads to arrest of murder suspects
* Illinois Supreme Court overturns law allowing 6-member juries

* Tyson recalls 60 tons of chicken nuggets
* Chicago region to keep eligibility for federal manufacturing funds
* Why Snapchat's Spectacles can succeed where Google Glass failed
* McDonald's and DDB take stage to discuss new agency
* Judge's ruling reduces Election Day registration in Illinois


* Man dies after apparent fall outside Lake View apartment
* Fantasy football: Lions WR Jones has staying power
* Police: Body pulled from lake near 31st Street Beach
* Police: Body pulled from lake near 31st Street Beach
* Report: Bears CB Kyle Fuller headed to IR
* With Langford injured, Bears sign former Lions RB Joique Bell
* Derrick Rose inserts foot in mouth; Rajon Rondo just does work
* Steinberg: Donald Trump is going to be elected president
* Clinton, Trump make history — debate likely broke ratings record
* Man shot in leg in South Chicago


* Windsor school 'tasting menu' a big hit with students
* Barrington Hills man dead after found in burning vehicle in Chicago
* Space X's Elon Musk envisions 1,000 passenger ships flying to Mars
* Did former North Sider win 7th episode of 'Jeopardy' in a row?
* Judge blocks Election Day registration at Illinois polling places
* Firefighter killed in New York City house blast after report of gas leak
* Trump blames others after debate with Clinton; says he may hit 'harder' next time
* Trump trounced by Clinton - but will it matter?
* Vigil planned for bicyclist killed in Roscoe Village
* Winners chosen in 1st round of Cubs playoff ticket lottery


The widget AQL4JYGHIY powered by Feed Informer does not exist.


* IMA says workers' comp reform, broader sales tax base will help manufacturing jobs
* Data shows just 86 freshmen enrolled at Chicago State
* Doctor subpoenaed in Illinois medical marijuana investigation
* Data show just 86 freshmen enrolled at Chicago State
* First Gold Star Families Day observed at Capitol
* Their View: Where is today's RFK?
* Chicago teachers vote to authorize strike in contract talks
* Donation lifts fundraising caps in Illinois comptroller race
* Deckle McLain: Rise of bots can't be ignored in economy
* Bernard Schoenburg: Interesting twists in Troemper-Reid circuit judge race


* Fire destroys Habitat for Humanity home
* Outdoor burn advisory issued for northern counties
* Felon found with gun faces habitual-criminal charge
* PHOTOS: Johns Hill Kindergartners Visit Okaw Valley Apple Orchard
* Boil order issued in Harrisburg
* Harvest Market to open Oct. 6
* PODCAST: Champaign County Clerk on election day registration
* Saluki women's swimming and diving picked to win MVC title
* UI dorm robbery under investigation (w/video)
* UI dorm burglaries under investigation (w/video)


* Rondo earns praise after Bulls' initial practice
* Barrington Hills man found dead in burning car co-owned Elgin demolition company
* Elgin man charged with growing pot after tenant's social media post
* Trump comes to suburbs with demonstrations expected in Bolingbrook
* Geneva giving some latitude to home ice rinks

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Senator Durbin Calls On EPA To Protect Ame......
* Senators Demand Answers On Government Use ......
* Guest OP-ED: Durbin Threatening Shut Down ......

* It Was That Tim Lee – The Daily Record - T......
* It Was That Tim Lee - The Daily Record (re......

* Homeless Chicagoans Evicted From 'Tent City' At Shuttered Uptown School
* Oral Arguments On Landmark Clean Power Plan To Be Heard Tuesday
* Federal Judge Blocks Illinois' Election Day Voter Registration Rules
* Illinois GOP Chairman Defends Rauner, Trump During Chicago Speech
* This week's news from members of IL's GOP Congressional Caucus
* Where's Weyermuller? Watching Clinton and Trump debate
* Funding Caps Lifted In Illinois Comptroller's Race
* Chicago's Violence Emerges As Topic In First Presidential Debate
* Lasonde: Ten Times More Syrian Refugees? Four Reasons Why That’s Wrong
* Trump in Bolingbrook Wednesday


* Schools Encouraged to Participate in International Walk to School Day on Oct. 5
* Governor Rauner Cuts Ribbon for Grand Opening of Obed and Isaac's Peoria
* Governor Rauner Encourages Illinoisans to Serve Those Who Served
* Governor Rauner Proclaims First Gold Star Family Day in Illinois
* IDNR Announces Campsite Reservations Open for Sites in Solar Eclipse Zone - Southern Illinois Will Experience Total Solar Eclipse Aug. 21, 2017




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