----- Original Message -----
Sent: Thursday, October 09, 2003 3:34
PM
Subject: [Sndbox] Bustamante Could Hold
Arnold Prisoner
Bustamante
Could Hold Arnold Prisoner
Dave
Eberhart
Thursday,
Oct. 9, 2003
Will Cruz Bustamante hold Arnold
Schwarzenegger a prisoner of the state the governor-elect calls Caleeefornya?
Americans now know California’s constitution is peculiar, allowing for an
easy relatively easy recall of its sitting governor.
But few know that the Lieutenant Governor plays more than a ceremonial
role. In fact, he can make the governor a prisoner in his own state, simply by
becoming governor every time Arnold decides to take a trip outside the state.
This is partly what got Ronald Reagan
elected to the governor's seat in 1966.
Arnold may soon discover that a hostile media, and a raucous Democratic
legislature may pale compared to his other potential adversary - his own Lt.
Gov. Cruz Bustamante.
Bustamante is more than just a Democrat. He is Arnold’s former opponent.
Bustamante has already demonstrated little loyalty to members of his own
party. Against the wishes of Gray Davis, he ran as Davis’ replacement, and
likely diluted support for Davis and efforts to stop the recall.
Now, the ambitious Bustamante is California’s lieutenant-governor and has
the statutory potential and the historical precedent to be a thorn in Governor
Arnold’s buffed side.
Unlike the office of President of the United States, where - literally - a
team of doctors at Walter Reed would have to declare the president brain dead
before appreciable power shifts, the Constitution of California treats its
chief executive officer almost as a nonentity when he leaves the state for
personal or official business.
Some of the legalese from Article 5, Section 10 of the state’s consitution:
“The Lieutenant Governor shall act as Governor during the impeachment,
absence from the State, or other temporary disability of the Governor or of a
Governor-elect who fails to take office.”
The law and precedent is clear: once the governor leaves the boundaries of
the state for even one minute, the Lt. Governor has the official power of
governor.
In fact, Bustamante may be fully aware of what he could do. During what was
supposed to be a concession speech after the recall election, Bustamante said
that he knows Arnold is a famous actor who travels the world, and he told
Arnold: "I want you to feel free to continue doing that."
As the crowd was chuckling, Bustamante added, with a wry grin , that Arnold
was welcome to leave the state: "Stay as long as you like" he said, "I'll be
here 'keeping an eye' on things."
Arnold may want to terminate Bustamante when he finds himself missing long
Schwarzenegger/Shriver family weekends with the Kennedy clan in Massachusetts’
Martha’s Vineyard, for instance.
While the cat’s away, the mice will play. But who would have the gall to
pull such a stunt? Like the recall effort, there are precedents and many of
them.
Precedent for Torment
In the 1970s Republican Lt. Gov. Mike Curb reveled in tormenting Democratic
Gov. Jerry Brown during his second term.
When Brown stepped out of the state to stump for the White House, Curb
would gleefully appoint judges and issue contrary proclamations.
The most infamous episode in this sparring occurred in 1979, when Curb was
acting governor while Democrat Jerry Brown was off running for president.
On that occasion, Californians were treated to the comical spectacle of
Curb racing at 90 miles an hour to Sacramento to sign an order lifting smog
standards - before Brown's homebound flight entered California airspace.
In the heart-pounding Keystone Kops race-to-the-finish, Gov. Brown's DC-10
beat Curb's chauffeured car by two full minutes.
Democrat Gray Davis was less colorful when he was Republican Gov. Pete
Wilson’s second-in-command.
Although never as flamboyant as Curb, the record
executive-turned-politician, even the relatively benign Gray show-boated and
offered a reward for information about the murder of Bill Cosby's 27-year-old
son, Ennis - while Wilson was out of the country.
Upon his return, Wilson rescinded the whole thing – after consulting with
the Cosby family.
To this day, Curb likes to reminisce about his freebooting days as second
banana.
Recently, while talking about the Davis recall with John Gibson of “Show
the Big Story,” Curb’s waxing about the good old days was only tangentially
responsive to the host’s inquiry: “The Golden State, governors have quickly
learned is nearly ungovernable. Agree?”
“Well, I don't think so,” says Curb. “You know, it was very interesting.
When I was lieutenant governor, Jerry Brown was governor and you might recall
that he spent just about a year of my term out of the state. And I served as
acting governor. In fact, the California Supreme Court ruled that I was the
acting governor...”
On a positive note: the U.S. Constitution provides that only a natural born
citizen can be president. Arnold will have no excuse like a presidential race
to explain long absences from the state that leave Bustamante in charge.
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