La représentante démocrate blessée à la tête lors de la fusillade Tucson en Arizona se remet de sa blessure à tête, mais le processus est toujours incertain et personne ne sait si elle sera en mesure de reprendre son poste. Risque-t-elle d'être remplacée? Peut-on l'obliger à quitter ses fonctions? Une bonne partie de la réponse se trouve sur son site web.
Voici un extrait:
"While a Washington Post story this week suggested that a decision time frame in the state law could be three months, other constitutional experts are direct and clear.
They say there are no specific guidelines spelled out in the Constitution to recognize when a member should be replaced due to “incapacity.” Further, it usually is up to that member to declare that he or she is resigning.
News reports state that instances of declaring a seat open due to incapacity have been nearly non-existent. There was a case in 1981, where a Maryland representative was re-elected but had a heart attack and fell into a coma before she could take the oath of office. The attending physician of Congress declared “there is no likelihood that she will be able to serve out her term of office.” The House adopted a resolution declaring her seat vacant, which triggered a Maryland vacancy provision.
Unlike Giffords, note here that this woman was never sworn in to serve her term.
As her medical condition continues to unfold, Giffords is far from having to resign.
Further, while her road to a miraculous comeback will be long, her staffs in Sierra Vista, Tucson and Washington D.C. remain at the beck and call of the citizens living in congressional District 8. Those offices are “open for business” to help constituents with their needs and issues.
Many chapters remain to be written regarding Giffords’ recovery. We bet her constituents in District 8 are more than willing to wait to see if their representative can write a chapter that finds her returning to office."
Le lien vers son site: http://giffords.house.gov/2011/01/our-view-giffords-far-from-having-to-resign-seat.shtml
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