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.


* A missed revenue opportunity
* Caption contest!
* Union-sponsored poll shows support for labor agenda
* A good way and a bad way
* The next target
* Question of the day
* Sam Zell quadruples wife's contribution
* SUBSCRIBERS ONLY - Fundraiser/event list (Use last week's password)
* Cleaning up part of the CoD mess
* Today's number: $42,000
* Anti Israeli boycott bill moves to the House
* Out of state biz journalists peeved at Rauner
* *** UPDATED x1 *** Your daily "right to work" roundup
* Redistricting effort to reboot this week
* Having it both ways
* Why isn't Speaker Madigan voting on bills?
* 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

          
        * Facebook Messenger takes on Skype and Hangouts with video calling feature
        * LG Watch Urbane now available at Verizon Wireless
        * LG Watch Urbane now available in the Google Store
        * Oppo R7 teasers emerge, prepare for a probable launch in May
        * Apple quarter results, Galaxy S6 Edge growth, Sony plans & more – Pocketnow Daily
        * LG Watch Urbane now available on Google Store
        * Facebook now lets you do video calls via Messenger

        * DARPA’s Guided Bullet Proves It Can Hit Moving Targets
        * Moto 360, LG G Watch R See Their Prices Cut On Google Play
        * ESPN Host Rips Into Live Coverage Of Blizzard’s Heroes Of the Dorm
        * A New Budget-Friendly Dual SIM Android 4.4 Smartphone Released By Swipe
        * How this startup helped the 'New York Times' create a virtual New York City
        * Bandai Brings The Tamagotchi Onto The Apple Watch
        * Grand Theft Auto 5 Cheater Trolled Until They Rage Quit

        * White Sox agree with decision to postpone O's opener
        * MLB has long chosen path of caution during outside turmoil
        * Protests force postponement of O's-White Sox on Monday
        * Protests force postponement of O's-White Sox on Monday
        * White Sox fan's photo, tweet of Gordon's catch goes viral
        * Orioles' game vs. White Sox postponed
        * Stuck Together, Torn Apart - A Baltimore Orioles preview

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


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

        Archives
        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


        * Suburban Chicago mayors protest proposed budget.....
        * Sam Zell gives $4M to 'oppose those who stand i.....
        * Zell gives $4 million to Rauner's pro-business PAC..
        * Cuts planned for low-ridership SMTD routes..
        * ‘Illinois jokes’ not funny to the GOP..
        * Senate Executive Committee discusses budget con.....
        * lack eye for Black Hawk..
        * Black eye for Black Hawk..
        * Lt. Gov. guest speaker at Republican event..
        * Brown: It takes big bucks to sell message that .....


        * Freight train mishap delays Chicago-Indiana commute
        * US court upholds Chicago suburb's assault weapons ban
        * Report: Internships given based on clout at Illinois agency
        * Chicago men return from Nepal after experiencing earthquake
        * Trial begins in 2010 slayings of Chicago officer, official
        * Appeal likely after court upholds assault weapons ban
        * US court upholds Chicago suburb's assault weapons ban
        * Man shot by housing authority police office had been barred
        * University of Chicago Medical Center nurses set to strike
        * Suburban Chicago mayors protest proposed budget cuts

        * Local doctors, adoptive family dealing with a disaster close to home
        * Frerichs to scale back internship program after audit of treasurer's office
        * Suburban Chicago mayors protest proposed budget cuts
        * Illinois budget cuts to affect students, sickle cell center
        * Billionaire Sam Zell gives $4M to Rauner's political fund
        * Illinois GOP targets political hiring; Democrats wary
        * Crib bumper bills bump heads in General Assembly
        * New state school superintendent says funding fix could take years
        * Statehouse Insider: Rauner's story of unions stifling innovation "sounds like pure fiction," union says
        * New schools chief says funding fix could take years

        * University of Chicago Medical Center nurses set to strike
        * Obscure federal agency with a lot of dough comes calling in Chicago
        * Boeing CEO: Losing Ex-Im Bank could cost U.S. manufacturing jobs
        * Paul Johnson, bank builder and bon vivant, dies at 83
        * Zell gives $4 million to Rauner's pro-business PAC


          * At least 6 former Schock aides now subpoenaed
          * Lawyer: State didn't prove murder by intimidation in Johnsburg teen's death
          * Woman wrongfully arrested by disgraced Schaumburg cop and prosecuted: lawsuit
          * Officials: South Shore Line affected after freight train incident
          * Lure of $20,000 reward led to charges in cop killing, defense says
          * Community Counseling Centers of Chicago asks for $1 million to halt closure
          * Treasurer report finds fault in internship, scholarship programs
          * Appeals court upholds Highland Park assault weapons ban
          * Girl fighting cancer, sister to become honorary Chicago police officers
          * Chicago climber OK after Mt. Everest avalanche, Nepal earthquake


          * Red light camera ban passes House
          * Method factory opens in Pullman
          * More than 1,000 local nurses plan a strike
          * Changes in taxi industry leave cab owners underwater
          * More than 3,700 dead in Nepal as earthquake's toll rises
          * Trial to begin in 2010 slayings of Chicago officer, official
          * Illinois prisons chief says union contracts causing problems
          * Sheriff Dart to investigate unlicensed rehab centers
          * Large provider of Chicago mental health services, C4, is closing
          * After detective’s acquittal in fatal shooting, prosecutors face criticism


          * Local doctors, adoptive family dealing with a disaster close to home
          * Frerichs to scale back internship program after audit of treasurer's office
          * Marc Levine: Rauner has the solution for Illinois' pension problem
          * Suburban Chicago mayors protest proposed budget cuts
          * Illinois budget cuts to affect students, sickle cell center
          * Billionaire Sam Zell gives $4M to Rauner's political fund
          * Illinois GOP targets political hiring; Democrats wary
          * Crib bumper bills bump heads in General Assembly
          * New state school superintendent says funding fix could take years
          * Bernard Schoenburg: Downstate representation gone from Illinois Commerce Commission


          * 2 sentenced in kidnap hoax
          * UI may extend winter-break classes for two years
          * Updated: Prosecutor won't seek third term
          * Power back on in Champaign after squirrel causes outage
          * SIU professor arrested after alleged battery of student
          * Q-C Nepalese unite to support earthquake victims
          * Iowa man dies after falling from Damiansville water tower
          * Finke named Central coach
          * Pontiac prison readies for mental health overhaul
          * Chancellor finalist Randhawa: SIU has 'tremendous potential'


          * NIU professor from Naperville safe after Nepal quake
          * Bucks defense gets best of Bulls
          * Thorson steps up for Wheaton Academy
          * Crystal Lake South upends No. 1 Jacobs
          * Images: Cubs blank Pirates, 4-0

          * LIVE: Biden speaks on supporting survivors
          * What’s happening
          * Biden addresses male role in ending sexual...
          * Biden's visit, tennis tournament, marathon...
          * Letter: Referendum a step toward reclaimin...
          * Ticket Sales Closing for Congressional Pra...
          * Tom Kacich: Gill making his fifth run -- a...
          * New member of ways and means appointed; ta...
          * Republicans back bill letting illegal immi...
          * Davis: Improvement needed in Springfield V...

          * Criminal sentencing reform unites Grassley......
          * For-Profit College Closure Could Cost Taxp......
          * John McCain: Saboteur of conservative inte......
          * Murray, mom in tennis shoes in ’92, stands......

          * Senator Kirk, 9/11 First Responders from I......
          * Sen. Kirk Pushes For Funds To Help Ground ......

          * Aurora Is Getting A New Logo As Part Of It's New Branding...
          * A Review of Abaco Flats Fly Fishing on A Disney Cruise...
          * Illinois Legislature Passes Youth Sentencing Reform Legislation
          * Baltimore Erupts In Violent Protests, Looting Over Freddie Gray Death
          * Rapid Rise In Super PACs Dominated By Single Donors
          * The Beachwood Radio Hour #54: Reading The Rekia Boyd Case
          * Trauma Center Activists Hold Overnight Vigil Outside U Of C President's Home (VIDEO)
          * As sewer video bill dies, your call against property lien bill is needed, too!
          * “The Driver’s Side” – News From The Motorist’s Perspective
          * State Capitol Report notes more potential fund sweeps


          * Illinois EPA and Boy Scouts of America Partner for Annual 20-Mile Lincoln Trail Hike - Lincoln Pilgrimage honors Abraham Lincoln’s 20-mile trek; Scouts pick-up litter along the scenic trail
          * IDPH Moves to Eliminate Meningococcal Meningitis - New Vaccination Requirements for Adolescents
          * YOUR ACTIONS MATTER! kicks off statewide as preparations begin for new server training law
          * Emergency Management Officials Launch Weather Alert Radio Contest - ‘Weather Alert Radios Save Lives’ contest promotes awareness; 100 radios to be awarded
          * IDOT Launches Statewide Listening Tour to Discuss Illinois Infrastructure Needs, Priorities





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