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Attorney General Hands Speaker Craddick An Early Christmas Present: Absolute Power & Emasculation Of Impeachment

By Vince Leibowitz  on Dec 15, 2007 in 80th Legislature      

Late last night, Texas Attorney General Greg Abbott issued his long-awaited opinion on questions related to the authority and removal of Texas House Speaker Tom Craddick (R-Midland).

Nor surprisingly, Abbott sided with Craddick. In short, Abbott ruled that the Speaker is a statewide officer and is thus subject to impeachment under Article XV, Section 7 of the Texas Constitution.

However, Abbott did rule that “impeachment is not the only way to remove a speaker,” pursuant to “expulsion” under Article III, Section 11 of the Texas Constitution or “exclusion” under Article XVI, Section 2 of the Texas Constitution, as well as other remedies availiable under Section 665.007 of the Texas Government Code. Of course, Abbott doesn’t say what those other remedies are, but does include this incredible misinterpretation of the state constitution:

If the Speaker were impeached, the Texas Constitution allows the impeachment judgment to extend to, but need not include, removal from office or disqualification from holding office. And if the Speaker were legally removed from office, article III, section 9(b) of the Texas Constitution-on its face-neither requires nor precludes the election of a new Speaker by the House.

Thus, Abbott totally emasculates even the remedy of impeachment by coming to the astonishing conclusion that the Constitution does not require the election of a new Speaker by the House if the speaker were to be impeached. That’s not only a misinterpretation of the constitution, it’s simply unreasonable. However, it does provide an out for Craddick, were he to remain speaker and be impeached: since a new election isn’t required by Abbott’s twisted interpretation of the constitution, Craddick’s hand-picked Speaker Pro Tem could simply fall into the Speaker’s chair. Of course, a true constitutional crisis would no doubt erupt were this provision of Abbott’s opinion ever be used.

A true travesty.

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No Responses to “Attorney General Hands Speaker Craddick An Early Christmas Present: Absolute Power & Emasculation Of Impeachment”

  1. BigBark | Home on December 15th, 2007 11:48 pm

    links from TechnoratiAttorney General Hands Speaker Craddick An Early Christmas Present: Absolute Power & Emasculation Of ImpeachmentSubmitted by: CapitolAnnex on 12/15/07 via feed from Capitol Annex Late last night, Texas Attorney General Greg Abbott issued his long-awaited opinion on questions related to the authority and removal of Texas House Speaker Tom Craddick

  2. The Texas Cloverleaf on December 17th, 2007 6:33 am

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

  3. Doing My Part For The Left on December 17th, 2007 9:45 am

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

  4. DosCentavos.net on December 17th, 2007 12:24 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

  5. Burnt Orange Report: Our Eyes Are Upon Texas Politics. on December 17th, 2007 1:08 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle ?

  6. Brains and Eggs on December 17th, 2007 1:55 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston wonders why NASA contractors are limiting their employees’ constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that gives him carte blanche — and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle — and are increasingly

  7. Three Wise Men on December 17th, 2007 2:43 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

  8. Eye on Williamson on December 17th, 2007 3:17 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

  9. BlueBloggin on December 17th, 2007 5:09 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

  10. ¡Para Justicia y Libertad! on December 17th, 2007 5:59 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

  11. Half Empty on December 17th, 2007 11:02 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

  12. The Texas Blue | Advancing Progressive Ideas on December 18th, 2007 11:17 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA contractors are limiting their employees’ constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

  13. Bay Area Houston on December 19th, 2007 4:10 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle ñ

  14. McBlogger: low-calorie but still full-flavor on December 19th, 2007 5:33 pm

    links from TechnoratiBut did taxpayers really have to front the money? Bay Area Houston Wonders why NASA Contractors are limiting their employees constitutional rights while receiving billions of dollars of government funding. Vince at Capitol Annex notes thatAG Greg Abbott has handed Speaker Tom Craddick an early Christmas presentin the form of an opinion that hands him cart blanche to do whatever he wants–and even emasculates impeachment. Muse discovers a list of 300+ women political bloggers! Female bloggers are playing a powerful role in this presidential election cycle

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