Kentucky Governor Threatens To Go Nuclear On Mitch McConnell

[wnylib]

56. Good point. Another poster has told me that only the Senate

can expel another Senator. But does expulsion apply to a Senator who is physically or mentally unable to do the job? The word expulsion sounds like a penalty for an illegal or unethical act, which does not fit a person who is incapacitated due to a medical cause.

It gets more complex if the governor in this case is not legally permitted to get medical information on behalf of his constituents who have a right to know if the Senator that they hired with their votes is able to serve them.

Could KY constituents file in court for info on the Senator's mental and physical performance status? Wouldn't they have standing?

On legal issues, if it is established that McConnell is mentally incapacitated and that his staff and some Senators conspired to keep that info from the public, would they be liable to charges of fraud?

As it stands now, it appears that there is, as you put it, a black hole in the Constitution on this type of problem. I have been arguing from a point that seems to me to be fair and just, but have had it pointed out a number of times that my thoughts and suggestions are off base legally, or more bluntly, fantasy and nonsense. From a legal view, perhaps they are. But there is still a problem that I don't think should exist and maybe needs to be remedied in the law.

I read yesterday that there are some ideas floating around Congress about legally addressing the issue of absent members to prevent future problems like McConnell and the House member who recently returned after months of absence.

I remember that when Gabby Gifford was recovering from her gunshot injuries, it was Republicans who were clamoring for her dismissal even before her doctors knew the full extent of damage and recovery

Addressing the problem with laws and rules for the future might make it a neutral instead of partisan issue.