As S.C. Gov. Mark Sanford descends deeper into delusional damage control mode, it turns out the State Constitution could be the embattled chief executive’s best friend.
Sanford’s rumored plan to take a 60-day leave of absence – first reported here on FITS – is indeed an option that is available to him under the S.C. Constitution, even as calls mount from all corners for him to resign in the wake of his extramarital affair and accompanying deceptions.
Here is the relevant code section, from Article IV of the S.C. Constitution …
SECTION 12. Disability of Governor.
(1) Whenever the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.
(2) Whenever a majority of the Attorney General, the Secretary of State, the Comptroller General and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.
Thereafter, if the Governor transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President Pro Tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session it shall assemble within forty-eight hours for the sole purpose of deciding such issue. If the General Assembly, within twenty-one days, excluding Sundays, after the first day it meets to decide the issue, determines by two-thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office. (1972 (57) 3171; 1973 (58) 48.)
So let’s see if we’ve got this straight …
The governor will self-diagnose that he is “disabled,” and then self-diagnose when such a disability has ended?
Oh, and that dude with the magnifying glass? Not on our payroll …
By 1+1=3 July 2, 2009 at 9:47 am
but is it his soulmate
By Silence Dogood July 2, 2009 at 9:58 am
FITS I think this is more than likely a provision so that a few of the constitutional officer’s don’t gang up on an otherwise fit to serve chief executive (a la President David Palmer season one of 24). So if the gov. harkens back and says, “wait guys, I am actually fit to serve” then he at least gets to have a determination of the matter by the entire legislature versus a few minor constitutional officers. It actually has a built in protection that the U.S. Constitution is missing.
By A. South Carolina Dead Politician July 2, 2009 at 10:16 am
“A fool uttereth all his mind: but a wise man keepeth it in till afterwards.”
And while the Fifth Estate selects to dance this way and that way…the plotters must begin to sweat.
They begin to sing in a chorus: “Keep talking! Governor! Keep talking!”
But, it seems he has rescued his immediate execution from his own tongue. For a time.
What ever is the soon-to-be-late-great-governor Mark Sanford up to now?
This game is going into directions the palace coup groupies never considered…
“They have prepared a net for my steps; my soul is bowed down: they have digged a pit before me, into the midst whereof they are fallen themselves.”
By CNSYD July 2, 2009 at 10:38 am
Sanford’s leave of absense started some time ago. So is he wanting an extention?
By Tim July 2, 2009 at 10:44 am
His self-diagnosis is only part of the fun this section could enable. See my post here:
Sanford Leave of Absence Could Provoke Constitutional Showdown http://tinyurl.com/ndmkn9
Sorry for the shameless self promotion, but I’m back on the damn Blackberry now and don’t feel like typing more.
By Jeffy01 July 2, 2009 at 11:06 am
SO does that mean Andre or Cubby takes over?
By justsaynotojoe July 2, 2009 at 11:54 am
RESIGN bonehead. Do it today.
By Brian July 2, 2009 at 12:13 pm
Sanford won’t resign, suggests in-school suspension: http://thediscust.com/?p=563
By yarrrrr July 2, 2009 at 12:59 pm
Anybody linking to http://thediscust.com should be permabanned until they take down the really bad taste article claiming jenny sanford is blaming the gays… it’s not very good and is not marked as satire in google news.. I hope the asshat who wrote that gets cuckolded…
By Dj July 2, 2009 at 3:50 pm
He wears glasses AND he is looking through a magnifying glass. Think bout it. Anyways once Graham is outed the destruction of the SC GOP and pretty much the national level GOP will be complete, then me and the Brains plans to take over the world will come to fruition.
By liz July 3, 2009 at 7:27 am
Mark Sanford needs to be terminated without pay immediately. Instead, he went to see Jenny.
THEY ARE NO MORE SEPARATED THAN USUAL YA’LL>