Thursday, December 14, 2006

Hold Your Horses: The Karl E. Mundt Guide for Retaining A South Dakota Senate Seat

The conservative echo chamber is atwitter today with the news that Democratic Senator Tim Johnson of South Dakota suffered a stroke yesterday and is currently on the operating table undergoing brain surgery at George Washington University hospital. As Fox news continues to repeat every three minutes, the AP reports that Johnson is in critical condition. Demagogues like Michelle Malkin and the blowhards at redstate.com are pausing for a single sentence of feigned empathy for the Senator's plight before (metaphorically, at this point) dancing over his lifeless corpse and the consequent prospect of a Republican-controlled Senate. While the polls are still open, early indications are that Tony Blankley leads in the category for the most creative expression of feigned empathy through his usage of the word "ghoulish" to describe his apparent distaste for any analysis of a post-Johnson world... and then three seconds later launching into an extensive exposition on the potential upside for Republicans. By the way, it doesn't make a difference that he's getting paid to do it... the adjective reprehensible applies as equally to Blankley as it did to the Nazis on trial at Nuremberg. As of 6:39 AM PST, the award for beating this story to death goes to the Fox News Channel who, by my admittedly unscientific count, has mentioned the word "Johnson" 477 times in the last hour, "critical condition" 256 times, variations of "Republican control of the Senate" 135 times and "vacate his seat" 64 times, all while providing a live camera on the front door of the hospital for the last 38 minutes. Reprehensible.

If Johnson were to pass away, be unable to vote or resign his post, then the Republican governor of South Dakota, Mike Rounds, would appoint a replacement to serve out the remainder of Johnson's term, which expires in 2008. Given Rounds' political affiliation and the Republican dominated South Dakota state legislature, it is conceivable that Rounds would defy the will of the electorate and appoint a Republican to fill the Democrat's vacated seat.

However, if Johnson does survive surgery, it is solely his decision to keep or vacate his seat. If he were disabled to the point that he could not be present in the Senate (and thus could not vote--as only a Senator, not staff or other proxy, can cast a vote), control of the Senate would remain in the hands of the Democrats/Independents by a one vote margin (50 to 49). If however, Johnson were to vacate his seat or pass away and a Republican were appointed in his stead, control of the Senate would pass to the Republicans, with VP Dick Cheney, acting as President pro tempore of the Senate, casting the tiebreaking vote in any 50 to 50 tie. Under this structure, Republicans would appoint the chairmen of Senate committees and control the chamber's legislative agenda.

Thus, if Johnson survives (in an albeit debilitated state), the ultimate question is whether he would vacate his seat. Fortunately, there is precedent here. As I learned yesterday from Tim Russert, the austere fountain of political knowledge who acts as the perfect foil to hacks like Malkin, South Dakota has had experience with these circumstances before. In 1969, Republican Karl Mundt, the senior Senator from South Dakota, suffered a significant stroke. Mundt did not recover well after the stroke, yet he refused to vacate his office unless his wife were named as his replacement. When the Republican governor Nils Boe refused to accede to Mundt's request, Mundt decided he would not vacate his seat and held in until 1972, when he chose not to run for reelection. During these three years, Mundt did not cast a single vote. At the time of Mundt's service in absentia, the Senate had a Democratic majority of 58 seats in the 91st Congress and 54 seats in the 92 Congress. As noted above, the current margin of majority is a single seat that was won in a watershed election that saw the Democrats take control of both houses of Congress.

Thus, if Johnson survives, Democrats would do well to remember the precedent set by the selfish Karl Mundt. To the extent that he is unable to attend sessions of Congress, there will undoubtedly be calls from the "compassionate" conservatives that Johnson should be replaced. You can hear it already from Malkin and Bill O'Reilly: "how come this guy just can't step down... doesn't he care about the people of his state having effective representation?... the nerve of these Democrats..." When you inevitably hear this drivel, just remember two words: Karl Mundt.

Oh, by the way, 2939 Americans soldiers now killed in Iraq, while a regional religious war brews in the Middle East. But first, we go to back that live shot at the hospital where Johnson remains in critical condition...

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