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| | |-+  Lyndon Law and Resign-to-Run Law
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Author Topic: Lyndon Law and Resign-to-Run Law  (Read 630 times)
Abdul the Damned
Kalwejt
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« on: August 12, 2012, 06:28:43 am »
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In 1960, due to the recent changes, LBJ was able to run for Vice President and reelection to the Senate simultaneously and that became known as the "Lyndon Law".

In 1988 Lloyd Bentsen took an advantage of this, getting reelected to the Senate, despite losing Vice Presidency.

Later, outside of Texas, Joe Lieberman won third Senate term in Connecticut, despite losing the Vice Presidency the same day in 2000, and, eight years later, Joe Biden won both races in Delaware.

Now, Paul Ryan is running for reelection as Congressman while being Romney's running mate.

So, what are the other states beside Texas, Connecticut, Delaware and Wisconsin, to allow such practice?

On the other hand, Florida just recently repealed (with Charlie Crist being a prospective running-mate for John McCain) their "resign to run" laws, which required their officeholders to resign while running for other office (no later than term of said office begins), whether winning or losing. That's why Wayne Mixson, who became Governor for three days in January 1987 as Bob Graham resigned to become a Senator, would succeed anyway if Graham lost.

Was or is there any other state with such provision?
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Lewis Trondheim
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« Reply #1 on: August 12, 2012, 06:33:32 am »
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Resign to Run hilarities exist elsewhere. I know they do in Arizona (people, of course, usually decide to resign well before the GE if it's some minor office they're holding currently, say State Rep.)
I think states can't ban people from running for two federal offices at once (nevermind that technically people don't run for Vice President in the GE at all) since the Constitution does not give them the right to create additional qualifications for office.
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Ernest
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« Reply #2 on: August 12, 2012, 01:28:41 pm »

Resign to Run hilarities exist elsewhere. I know they do in Arizona (people, of course, usually decide to resign well before the GE if it's some minor office they're holding currently, say State Rep.)
I think states can't ban people from running for two federal offices at once (nevermind that technically people don't run for Vice President in the GE at all) since the Constitution does not give them the right to create additional qualifications for office.

While they probably would not be able to prevent someone running for both the Senate and the House, the wide latitude the States have in choosing Electors allows them to prevent someone for running for both the White House and the Capitol.
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J. J.
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« Reply #3 on: August 12, 2012, 06:39:49 pm »
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It would be legal in Pennsylvania.
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J. J.

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Senator Alfred F. Jones
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« Reply #4 on: August 13, 2012, 01:16:38 am »
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Apparently the only states with resign-to-run are Arizona, Florida, Georgia, Texas, and Hawaii.
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« Reply #5 on: August 13, 2012, 08:37:30 pm »
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Is there any legal reason Ryan could not serve in the House and as VP at the same time?
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« Reply #6 on: August 14, 2012, 02:05:30 am »

Is there any legal reason Ryan could not serve in the House and as VP at the same time?

Yes.

Article I Section 6 Clause 2
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

This is also why we don't have members of Congress serving as Secretary of State or the like.
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« Reply #7 on: August 14, 2012, 11:23:09 am »
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Is there any legal reason Ryan could not serve in the House and as VP at the same time?

Yes.

Article I Section 6 Clause 2
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

This is also why we don't have members of Congress serving as Secretary of State or the like.
Secretary of State is more clearly unconstitutional because it is an appointed office.
Why would VP be considered "an Office under the Untied States" when Senator or Representative are not? I don't think you can separate the first and second parts of this to apply to different sets of offices  - they are meant to say that you cannot serve both, no matter whether you were elected or appointed first.
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- Justice Robert Jackson WV SBE v Barnette
Abdul the Damned
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« Reply #8 on: August 14, 2012, 01:10:48 pm »
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Is there any legal reason Ryan could not serve in the House and as VP at the same time?

Yes.

Article I Section 6 Clause 2
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

This is also why we don't have members of Congress serving as Secretary of State or the like.
Secretary of State is more clearly unconstitutional because it is an appointed office.
Why would VP be considered "an Office under the Untied States" when Senator or Representative are not? I don't think you can separate the first and second parts of this to apply to different sets of offices  - they are meant to say that you cannot serve both, no matter whether you were elected or appointed first.

There are always problems with wording, it's like an invitation for endless interpretations.
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Ernest
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« Reply #9 on: August 14, 2012, 05:46:34 pm »

Why is VP considered an Office?

Consider Article II Section 4:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

There is also the precedent established by John C. Calhoun.  He resigned the Vice-Presidency over two months early to accept being selected as Senator from South Carolina.
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Lewis Trondheim
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« Reply #10 on: August 15, 2012, 02:01:22 pm »
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What else would it be?
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