Constitutional Crisis: Nevada Ain't Got No Gube

Man, turn your back for a second and ya miss everything. Had to read this on the Mynx.

The exclamatory commentator What?! to Gleaner and here, too, notes that Jim Gibbons has not met the Constitutional requirements to be Governor of the State of Nevada. Nor, I will argue, can he.

The Constitution of Nevada states (Art. 5, Sec. 12):

No person shall, while holding any office under the United States Government hold the office of Governor, except as herein expressly provided.

Section 2 of the 20th Amendment to the Constitution of the United States says Congressional terms begin and end on January 3rd:

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

So, since Gibbons was still a Congressman during his swearings in on the 1st of January, he hasn't been sworn in as Governor of Nevada, despite his 3 shots at it, including the shaky midnight one he used to oust Munro offa the Gaming Control Board.

But it gets even better. Gibbons cannot become Governor, unless he runs again and is elected and takes the oath at the proscribed time. You see, according to Nevada Revised Statute NRS 223.030, Gibbons must take the oath on the first Monday succeeding the election:

Oath. The Governor shall take and subscribe to the official oath before the Chief Justice or one of the associate justices of the Supreme Court on the 1st Monday of January next succeeding his election.

The "1st Monday of January next succeeding the election" this year was January 1st. Since Gibbons was still a member, albeit in absentia, of the Congress of the United States at that time, he could not possibly have met the requirements of NRS.233.030. Nor can he now since the "1st Monday of January next succeeding the election" is lost on the one-way avenue of time.

Since Guinn's term is officially over, I'm afraid the only way out of this Constitutional crisis is to swear Krolicki in, or perhaps call a special election.

Citizens, your duty is clear. Email the Lieutenant Governor, the Secretary of State, and the Attorney General to have the pretender to the throne summarily removed!

Comments

[Sam Dehne]

ScandalMan,
Just great.
Now we have Nevada as a state with no governator. Hey wait! That's a good thing.
Most folks including Dina Titus would think it rather strange that, considering all of the other mendacities swirling around this situation (Federal govt kick back contrack Gate, Nanny Gate, Cocktail Waitress Gate, etc, etc) that it would take something like this violation of Nevada law to have this person removed... but so be it.
Most Nevadans recommend the SPECIAL ELECTION OPTION... HECK THEY DEMAND IT.

[texex]

Didn't think you ever read my posts....

But you've done an excellent job on expanding on the constitutional technicalities and thanks for the clicks to the atty gen'l etc. You can be sure I will use them.

At last we have something really substantial to get rid of the gibber. But only if you hotshots spread the story further than just the other blogs.

So please work harder to get legs under this.

Thanks.

[texex]

Didn't think you ever read my posts....

But you've done an excellent job on expanding on the constitutional technicalities and thanks for the clicks to the atty gen'l etc. You can be sure I will use them.

At last we have something really substantial to get rid of the gibber. But only if you hotshots spread the story further than just the other blogs.

So please work harder to get legs under this.

Thanks.

[What?!]

Krolicki (aka 'weasel' as per Steve Sebelius), is not in line unless Guinn resigns.

Article 5 section 2: "Election and term of governor. The Governor shall be elected by the qualified electors at the time and places of voting for members of the Legislature, and shall hold his office for Four Years from the time of his installation, and until his successor shall be qualified."

Nevada does not have a qualified successor yet.

Nice heads up on the NRS 233.030!

[Nevada Scandalmonger]

Just for the record, I read commentaries religiously--well, maybe better to say "regularly." I try to stay out of the discussions so as not to dampen them.

[texex]

Wasn't sure because of the deafening silence.

So what are you doing to get this going outside of this blog? Contacted anyone with some clout and legal knowhow? If you have the contacts, you are obligated to use them to the fullest extent.

Let's kick some ass out of office!~!

[UNLVStud]

Does it matter that the Congressional session ended December 9?

[What?!]

RE: UNLVStud;

I don't think it matters.

The Adjournment Sine Die date for the House of Representatives was December 8, 2006, but all the congressmen remain Members of Congress (MOC) until the next Congress comes into being, which is noon on January 3.

[UNLVStud]

Gibbons is still the govenor. =(

http://bioguide.congress.gov/scripts/biodisplay.pl?index=G000152

He resigned from Congress on December 31, 2006.