Jan Brewer's Third-Term Interpretation of Constitution Challenged by Democrat's Bill

JanBrewer.jpg
Governor Jan Brewer
Since Governor Jan Brewer hasn't given up on her interpretation of the Arizona Constitution that two terms really means three terms, Democratic State Senator Steve Gallardo has proposed changing the wording of that section.

There's a big problem with Gallardo's proposal -- since he's proposing a change to the state Constitution, it would have to be put on the ballot for voters to decide. That would happen in 2014, the same year that Brewer is saying she can run for a third term.

See also:
-Jan Brewer May Actually Be Serious About Running for Third Term
-Jan Brewer Again Threatens to Run for a Likely Unconstitutional Third Term
-Governor Jan Brewer's Pretty Sure She Can Run for Third Term

Brewer has threatened several times to run for a likely unconstitutional third term, for more than a year now. Her interpretation is that the law is ambiguous.

The governor seems to think that since she took over for former Governor Janet Napolitano three years into a four-year term, it doesn't count against her -- which doesn't appear to be the case.

Well, here's exactly what the Arizona Constitution says about term limits, in Article 5, Section 1, which was amended as approved by the voters as Proposition 107 in 1992:

"No member of the executive department shall hold that office for more than two consecutive terms. This limitation on the number of terms of consecutive service shall apply to terms of office beginning on or after January 1, 1993. No member of the executive department after serving the maximum number of terms, which shall include any part of a term served, may serve in the same office until out of office for no less than one full term."

Brewer's camp told us about a year-and-a-half ago that the Constitution defines a term as being four years, but later in the same section mentions parts of terms, which makes the whole thing "unclear."

Still, Gallardo's Senate Concurrent Resolution 1007 would clear that up, making it very, very clear that Brewer's filling of a vacancy definitely qualifies as a term.

The text can be found here.



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27 comments
trankmonk
trankmonk

lol, US POlitics, best politics money can buy lol.


www.ImAnon.tk

robert_graham
robert_graham

Well, I've got news for you. You wanna challenge the Constitutionality of Brewer's third term? You'll lose.  However if you want to talk what's constitutional or not.... the stupid DREAM Act will be challenged and stopped because Obama had no legal right to just wave his hand and pass it outside of Congress.  Obama bypassed Congress knowing that if the decision had been left up to Congress it never would have passed.  So let's see who gets the last laugh!  Your dreams are close to being shattered.

marcy
marcy

Jan isn't very bright

If you serve less than a full term then you have served for part of a term and part of term counts as one of the two consecutive terms you are allowed to serve.

Jan would have been able to figure this out if she had an edjumacation beyond high school

deathsniper
deathsniper

The language is pretty plain to see that she is not eligible to run for a 3rd term.  Even this right leaning libertarian can understand it.

Term limits should not be questionable, at any level of government, for any party.  Regardless of whether the person is elected or appointed into the position.

Warrior-X
Warrior-X

Is there a way to impeach this wicked witch of the west? Maybe burn her at the stake for violating the state's constitution?

danzigsdaddy
danzigsdaddy topcommenter

poor Sea Hag, just like at the bar, she has been cut off again. and like when she is at the bar and they cut her off to keep her from wrecking the car (oops......they should have done that in '89), we are cutting her off so she doesnt wreck the state (oops.....we should have done that in 2010)

DPSnAZ
DPSnAZ

I think it's fair to say, with regard to the constituency that lifted her into office, that among the blind, the one-eyed woman is the queen.

trankmonk
trankmonk

Sounds like a pretty solid plan to me dude.

www.ids-Anon.tk

Cozz
Cozz

Lets face it, GED Gin Jan brewer isn't the brightest blub in the box, personally I'm surprised she can even read at all, so no surprise she doesn't know the meaning of the words.

"No member of the executive department after serving the maximum number of terms, (two consecutive terms) which shall include any part of a term served"

Somebody please draw the twit a picture of what that means.

WhoKnows
WhoKnows topcommenter

She'll have been in office just over 5 years.  Same time it took her to pass 10th grade!

eric.nelson745
eric.nelson745 topcommenter

What if some other GOTPer challengers her? I'd rather see Steve "Cockroach" Smith sitting in the Guv's chair than endure another four years of senile goofiness on the 9th floor.

MaskedMagician1967
MaskedMagician1967 topcommenter

OMG Gallardo was one of the sane politicians. Don't play into the Pickled Pig's hands by actually awarding her a third term.

Tommy_Collins
Tommy_Collins

@JoeArpaioFan Actually, any challenge to the law would have to come from Mrs. Brewer. The common and accepted interpretation of the state constitution is that Mrs. Brewer is NOT eligible for another term. Therefore, my dimly lit compadre, there is no need for 'us' to challenge, rather it's incumbent upon Mrs. Brewer to waste taxpayer money on such a task.

Also, you do know that the Dream Act is not yet law, yes? Obama did not make law, he issued constitutional directives to his federal employees stating departmental policies. But, you knew that, right?

robert_graham
robert_graham

@Lone_Wolf You want who to burn?  I've got a better idea. All the liberals like you should be burned for advocating anarchy to violate our state and federal laws.  I'd gladly light the match to burn you.

robert_graham
robert_graham

@danzigsdaddy Next time you have to go to the hospital you better be sure to take your papers. By the way, I helped introduce that legislation and there's more to come. I'll fix all you stupid liberals.

marcy
marcy

@WhoKnows 

Two of those 5 years were only partly spent in the 10th grade so they don't count.  

robert_graham
robert_graham

@Tommy_Collins @JoeArpaioFan Well, his policies on the DREAM Act must be scrapped.  But any way you look at it, DREAMERs are still illegal aliens.... period.  And regarding Brewer's third term. If she si truly not allowed to run again she wouldn't be. She wasn't born yesterday so she knows what she can and cannot do.  Truth is, this situation has never been addressed before. her half a term doesn't by law constitute a full term so yes she can run again. Just because libs are against it doesn't mean it's illegal.  She could not run for a fourth term though.

robert_graham
robert_graham

@Tommy_Collins Gov. Brewer is as eligible for a third term same as Obama was for a second term.  You are just hoping Brewer will be voted out of office so some stupid liberal can get elected that will change things and pander to all you want.  Well that ain't gonna happen.  When we we get a new governor after Brewer's third term, he or she will be more conservative whether you like it or not.  If you don't like the laws and policies now, you'll really not like what will come with a new governor.

Tommy_Collins
Tommy_Collins

@JoeArpaioFan @danzigsdaddy Seriously? You helped introduce WHAT legislation? It must have gone something like this, "SB-1070 I'd like you to meet SB-1050. You two will become fast friends but I'm afraid neither of you will last".

deathtojack
deathtojack

@JoeArpaioFan @Tommy_Collins Your first statement regarding Brewer's eligibility vs Obama's eligibility automatically disqualifies you from the smart column. PRESIDENT Obama was, by the constitution, elegible for a second term sir. Gov. Brewer on the other hand may not me.  You are the kind of Republican that Bobby Jindahl was talking about needing to get rid of.

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