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| Attorney General Greg Zoeller |
Nonetheless, Zoeller's opinion is noteworthy because it completely ducks the issue at hand - whether Lugar is an "inhabitant" of the State of Indiana as required by Article I of the U.S. Constitution in order to be elected in the Senate. Nowhere in the Zoeller opinion is the U.S. Constitution or the word "inhabitant" (or any variation thereof) even mentioned. The challenges to be heard Friday are based on that provision of the U.S. Constitution.
There is a reason why Zoeller avoided any discussion of the inhabitancy requirement in the U.S. Constitution. The Supreme Court (most recently) held in the 1995 case U.S. Term Limits v. Thornton that state law, which is the only authority Zoeller cites, cannot alter, change or amend the the qualifications provision of Article 1, which includes the requirement that a Senator be an "inhabitant" of the State he seeks to represent at the time of the election. Zoeller's opinion is completely irrelevant to the issue.
9 comments:
I wonder how many people know of his close, personal ties to Lugar.
Zoeller is someone who definitely should be challenged. Unfortunately it's a convention nomination and it costs tens of thousands of dollars to even file...before you get to the campaign. If it were a primary, he'd definitely flag an opponent.
He's been a huge disappointment. I've regretted ever supporting him as a convention delegate four years ago. Hell, he's such a prick he wouldn't even extend a handshake or thanks for helping him. Then he goes and appoints Mike O'Connor's wife to a top job in his office. He's a wolf in sheep's clothing to say the least. Linda Pence would have been better in retrospect.
Question:
When elected Senator, does the inauguration include both a State oath & a U.S. oath simultaneously?
No, A U.S. Senator takes an oath to uphold the U.S. Constitution. He's not a state official.
I think oaths are pretty much ceremonial only...they don't have a legal effect.
Other than a sound bite what purpose does Zoeller's opinion serve? If it doesn't answer the qualification question it only serves to obfuscate the issue.
Attorney General opinions are only written for the use of state agencies. They have no binding effect on law.
Of course, in Indiana, a court will look for anything to hang its ruling on, so don't be surprised to see the judicial branch turn over legal reasoning to the executive branch in elevating the AG opinion to primary authority.
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