Our Next Senator: The Timing.

Filed in Delaware by on November 5, 2008

I keep hearing it bandied about that Jack Markell could be the one to appoint the next Senator.   This must be wishful thinking, because I can forsee no possible that he makes the appointment.  It all has to do with timing. 

Joe Biden’s term as Vice President of the United States begins on January 20, 2009, about ten minutes before noon.  

Ruth Ann Minner’s term as Governor of Delaware ends at noon on January 20, 2009.   Thus, logic dictates that Jack Markell’s term as Governor of Delaware does not begin until noon on January 20, 2009.  

Joe Biden cannot hold two offices in different branches of government at the same time (yes, the Vice President is under the Executive Branch, Cheney!).  In fact, it is illegal.    Thus, he must resign as Senator before he takes the oath of office before noon on January 20, 2009.

Since he is resigning before noon on January 20, 2009, guess who is Governor of Delaware?

RAM.

The only way Jack gets to appoint is if Biden does in fact resign as Senator literally the second before he takes the oath of office as Vice President, and then Minner has no time to appoint someone or chooses not to.    That could happen but I do not find it likely, given the backroom dealing nature of Delaware politics.  Over the next sixty days, Joe Biden, Ruth Ann Minner and Jack Markell will have a conversation, either together or separately.  It will all be worked out.   

If I were to guess, Biden resigns sometime in January, well before the Inauguartion.   And I think Minner will make the appointment.   

Now the question is …. who?  

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  1. anonone says:

    The earlier he resigns and his replacement is appointed, the more seniority the new Dem senator will have.

  2. delawaredem says:

    Thus Biden would have to resign in December, to allow enough time for RAM to make the appointment. Senators Elect Hagan, Shaheen, Udall, Udall, Franken, Martin and Warner all will be sworn in on Jan. 3.

  3. Geezer says:

    What makes you think it would make a difference? What makes you think the pick won’t really be made by Joe Biden?

  4. delawaredem says:

    Some of us don’t trust RAM and would like to Markell to make the appointment.

  5. cassandra_m says:

    I’ve made the point that Geezer is making in previous discussions of this replacement — I don’t think that it is going to matter much who is making the appointment, since I believe that it will be Joe who functionally gets to approve it.

    I don’t trust RAM much either, but it is really hard for me to believe that she would cross Delaware’s Irish Mafia like that.

  6. X Stryker says:

    I support Carney.

  7. El Somnambulo says:

    El Somnambulo thinks (no inside info) that Carney will be offered the position, and that RAM, Markell and Biden will all be on board with it.

    Whether Carney accepts (he’s a real family guy who likes being with his kids) is another story.

  8. If Biden is really the one pulling the strings, then it will be given to Beau… so the next question is… is Beau coming home, or is someone going to sit in the spot in his place?

  9. jason330 says:

    Biden was a family guy who commuted by train.

    If offered, Carney accepts (period)

  10. June says:

    Carney’s the one.

  11. Geezer says:

    “If Biden is really the one pulling the strings, then it will be given to Beau”

    Wrong again. Beau pledged to serve a full term as AG; going back on that virtually guarantees a rough ride in his first try for it in a real election in 2010. The job goes to a caretaker who steps aside in 2010, just like Danberg did when the AG office came open. Hey, maybe Danberg is getting tired of the view through the concertina wire in Smyrna.

  12. cassandra_m says:

    To me, the real question is not WHO, but how they try to get there.

    Do they try to pick an “incumbent” — someone who they expect to hold the seat; or do they pick a seat warmer and let a Special Election establish a credible candidate.

  13. delawaredem says:

    Someone here once said that Joe Biden does not Beau’s career to be sidetracked by running in a race where he may fail. Running against Castle (who despite Geezer’s objections will be running in 2010) is a daunting task perhaps better left to an incumbent John Carney who has been on the job for 2 years.

    Meanwhile, if Beau desires higher office, he can run for the House seat against Copeland or Clatworthy.

  14. delawaredem says:

    After serving a few terms in the House, then he can take Carper’s seat.

    (LIGHT BULB GOES OFF ABOVE DD’s HEAD)

    What if we get Beau to primary Carper!!!!!!!!

    Jason, set up the meeting.

    (yeah, will never happen)

  15. Joe M says:

    My bet is she appoints herself then has a heart attack going up the stairs to her first session.

    Mrs. Minner Goes to Washington

  16. MJ says:

    Actually, Jack could be sworn in as governor anytime on January 20, 2009, even at 12:01 AM. The Delaware constitution only states the following: § 5. Term of office.

    Section 5. The Governor shall hold his or her office during four years from the third Tuesday in January next ensuing his or her election; and shall not be elected a third time to said office.

    So, Jack actually can pick when he takes the oath and could have a ceremonial swearing in later in the day on January 20. If this happened and if Biden doesn’t resign until he takes his oath as VP, then Governor Markell (damn, it feels great to write that) will appoint the interim Senator.

  17. Unstable Isotope says:

    I support Carney. If not Carney, then a seat-warmer. B. Biden just smacks too much of nepotism.