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.


* Reader comments closed for the weekend
* Summers compares Trump to Rauner
* New White House website references "thousands of shootings in Chicago"
* Let's try cashing in on our rich heritage
* And now for a little bit of good news
* Unemployment up, jobs down
* Question of the day
* *** UPDATED x1 - Kirk declined to fly with Obama *** Kirk won't stop saying goofy things
* Um... about that "fully funded" boast
* Cullerton, Radogno "playing coy" about tax hike percentage
* "Institute" ginning up opposition to Senate deal
* A SOTS preview?
* IDOT warns of doom for I-55 toll lanes
* Is the end near for legislator pensions?
* 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

  
* ‘Hot Wheels: Race Off’ review
* LG G6 could be the first non-Google phone with Assistant on-board
* Galaxy Note 7 explosion report: why did Samsung’s phablet blow up? (Video)
* 200,000 people signed up for DirecTV Now at launch
* Sonos wants to integrate voice assistants into its speaker lineup
* [TA Deals] Master data science and analytics with this bundle for less than $50
* T-Mobile Tuesday for two

* Dominican Republic academy re-opens with upgrades
* Dominican Republic academy re-opens with upgrades
* New Hall of Famers reflect on highest honor
* Fans will be able to stream live games in '17
* New Hall of Famers get their close-up
* Williams says Hall not just for 'all-time greats'
* Collins named fourth-best catching prospect in MLB

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


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

Archives
January 2017
December 2016
November 2016
October 2016
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


* Dart says he’s committed to combating sex traff.....
* Sen. Duckworth: ‘I didn’t give up literally par.....
* Statehouse Insider: Will this week see the budg.....
* Senate to try again on pension reform..
* There comes a time when a public official has t.....
* Editorial: Courage, yes, but also tax, gambling.....
* Statehouse Insider: Will this week break the bu.....
* Statehouse Insider: Will this week break the bu.....
* Illinois governor extends tax incentive program.....


* Illinois offers free tax preparation to low-income residents
* Illinois judge: Ban on shackling child suspects adds costs
* The Latest: Police say no arrests at Women's March in DC
* Crowds turn out for women's marches across Illinois
* Aaron Schock case assigned to federal judge in Urbana
* The Latest: Chicago protesters spill into city's downtown
* More female wrestlers competing in Illinois high schools
* Illinois Supreme Court strikes down Chicago rental car tax
* Illinois Supreme Court strikes down Chicago rental car tax

* Governor extends tax incentive program
* Schock case reassigned to Urbana's Judge Colin Bruce
* Background-checks policy leads U of I to withdraw 11 job offers
* Film industry generates half-billion in Illinois spending
* Illinois Senate leaders promise budget-deal vote Wednesday
* Jesse White wants ads on license plate renewal reminders to offset cost
* A new tax on sodas, sugary drinks? It might be part of Illinois budget deal
* Jesse White wants ads on license renewal reminders to offset cost
* Jesse White wants advertisements on license renewal reminders to help offset cost
* New state app aims to help students with career choices

* In the market for a new home? Here are your best bets.
* Illinois Holocaust Museum bets on rock 'n' roll
* How this Loop company survived the killing of its CEO
* Thousands of marchers flood downtown Chicago
* Jimmy John talks!


* Sweet: Roar of resistance greets Trump on his first full day
* Man, 19, wounded in Austin stabbing
* 2 men shot in North Austin
* Man, 21, shot in Fernwood
* Man, 47, wounded in Gresham shooting
* Man, 27, shot in West Garfield Park
* Bonds, Clemens aren’t as controversial with young Hall voters
* Man shot in arm in Hermosa
* Sources: Blackhawks have talked to Red Wings about Nyquist, Tatar
* Packers’ storied history makes it easy to overlook Falcons


* Thousands march through Loop as part of Women's March after rally draws 250,000
* Trump praises the CIA, bristles over media coverage of inaugural crowd
* How high can All-Star starter Jimmy Butler go - with the Bulls or elsewhere?
* Little fanfare for Obama's final ride into a wet, foggy California night
* Blackhawks keep winning, but they make it hard on themselves
* Blackhawks acquire Michael Latta from Kings in swap of minor-league players
* Man shot before alt-right journalist Milo Yiannopoulos' speaking event is in critical condition
* 1 dead, 7 wounded in city shootings
* 'We are America': Millions march in D.C. and around the world to resist Trump
* Woman shot by officers during standoff thanks them for 'saving my life'


The widget AQL4JYGHIY powered by Feed Informer does not exist.


* Big Brothers Big Sisters to note National Mentoring Month
* Local generosity inspires record-setting grant potential
* Statehouse Insider: Will this week break the budget logjam?
* Our View: Give President Trump a chance to succeed
* Guest Column: Put politics aside and pass a state budget
* Charles Krauthammer: Obama’s self-revealing final act
* Governor extends tax incentive program
* Schock case reassigned to Urbana's Judge Colin Bruce
* Background-checks policy leads U of I to withdraw 11 job offers
* Film industry generates half-billion in Illinois spending


* PODCAST: Fastener's ETC. Postgame Show 01-21-17
* Illini Recap: 'Play with that chip on our shoulder'
* Nathan Pennington, who battled cancer while raising money for St. Jude, dies at age 8
* Near-record highs create outdoor opportunities for residents
* Richey: Road woes continue
* Welcome home: Ben Zobrist feted by hometown Eureka
* Peoria rally offers loud voice of support for Women's March on Washington
* PHOTOS: Archer's Alley Indoor Regional Tournament 012117
* Women's March
* Proposal would lower signature requirement for independent, third party candidates


* Hartnell snaps tie as Blue Jackets beat Carolina 3-2
* Country star Crystal Gayle being inducted in Grand Ole Opry
* Adding veteran winger could re-spark Chicago Blackhawks
* The Latest: Protesters still marching through Washington
* Zellman's shooting sparks Lakes past Wauconda

* 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

* Bipartisan bill aims to reform H-1B visa s......
* Bipartisan bill aims to reform H-1B visa s......

* What happened in week three of the Colonie......
* What happened in week three of the Colonie......
* Ex-Sen. Kirk may become lobbyist, complain......

* The President-elect: The world's greatest troll!
* Capitol Fax: New White House website references “thousands of shootings in Chicago”
* Trump taking the oath and inaugural speech
* Thorner: Join the effort to preserve the Constitution
* Thorner/O'Neil: Will Trump drop the ridiculous notion of drafting women?
* Thorner/O'Neil: Will Trump drop his predecessor's ridiculous notion of drafting women?
* Knight: A Department of Justice worthy of its name
* 2016 World Series Champions Chicago Cubs honored at White House
* Moore tells women: Welcome to Day 2 of the Trump Travesty
* Fantasies always predominate in political people’s mentalities


* New Authority Allows DCFS to Strengthen and Preserve Families - Federal waiver grants DCFS flexibility to better care for fostered youth
* Illinois Film Industry Generates $499 Million in 2016 - Chicago named #5 Best Place to Live and Work as a Moviemaker
* State Announces Free Tax Preparation for Low Income Families
* Governor Announces Appointments
* Governor Takes Bill Action




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