Yesterday the Senate Republicans voted unanimously to find the Democrats in contempt of the senate if they did return by 4pm that day. 4pm came and passed with no Democrats returning to the senate. It was at that point that arrests warrants were issued for the fourteen Democratic senators. Scott Fitzgerald, the senate majority leader, requested that citizens notify the police if they see any of the missing senators.
Is this move constitutional? Probably not. Fitzgerald claims that they have the constitutional authority to enforce senate rules and that the Democratic senators are violating the rule requiring attendance. However the constitution also forbids the arrest of senators during legislative sessions, with the exceptions of treason, felonies, and breach of the peace; none of which the Democrats are accused.
If a Democrat is arrested, it could potentially backfire on the Republicans. Such a move would get a great deal of media attention, spur a constitutional debate to determine if the Republicans violated the law, and most likely further enhance the support for the Democrats. Such an act would satisfy the Republican's hard-core supporters and infuriate the Democratic supporters. The people on the fence would most likely be unhappy with a blatant violation of the law. It could potentially be PR nightmare for the Republicans. The Democrats are already hammering home the message that the Republicans only care about winning, are using dirty tactics to do so, and that they don't care about working with the other side. An arrest in this case would underscore the Democrats message.
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