To the Editor:

How pleased the Massachusetts Congressional delegation must be now - particularly the well-heeled Congressmen Ed Markey and Marty Meehan - that the State Senate and House of Representatives have decided to change the State Constitution and usurp the Constitution of The United States.

With our junior senato,r John Kerry, going to be the Democratic nominee in the fall against President Bush, the state legislature has gone and decided that the law which stipulates that the Governor of the Commonwealth be the person who shall name a replacement senator shall be stricken from our state's Constitution and they shall name a replacement.

It strikes me as odd that a state legislature can somehow disavow the 17th Amendment to our nation's constitution when the timing is right and political machinations and motivations mean more than the rule of law.

Let us take a look back for a second.

There was no call to restrict the governor's legitimate rights when Governor Foster Furculo appointed Benjamin Smith to take the senate position vacated by President-elect John F. Kennedy in 1960. Of course, Governor Furculo was a democrat as was Smith. Democrats also, conveniently, dominated both the State Senate and House of Representatives at the time.

Fast forward to today.

The House and the Senate are still both dominated by democrats but there is now a republican in the corner office.

Mitt Romney would like the same latitude that was given to Governor Furcolo in 1960. Why shouldn't he have it? He was elected by the populace of the commonwealth and justly entitled to the provisions that were set forth in our state's constitution as well as the nations constitution pertaining to the powers of the executives of the states.

What this comes down to is plain and simple partisan politics. The chambers on Beacon Hill are filled with salivating reps and senators who envision their chance to back a prospective candidate for the senate seat vacated by Kerry and potentially open up a higher political position for themselves.

This bill may come back in haunting forms unforeseen by the overly ambitious on "The Hill".

I present a hypothetical situation: The legislature names Congressman Stephen Lynch to fill the vacancy until a special election is held next year. Governor Romney then decides to run for the seat in the election. Romney wins (as polls presently indicate he would). Now we are left with a popular congressman without a job and a little known Lt. governor to run the state. Attorney General Tom Reilly then defeats Acting Governor Kerry Healy after wining the state's Democratic primary. Senator Ted Kennedy decides to call it quits after 40-plus years. Governor Reilly then is left with no decision to appoint a temporary replacement for the vacant seat.

Add to the above hypothetical proposition that Hell freezes over and both houses of the states legislature convert to Republican control.

Part of this fictional scenario is what now stares a popularly- elected Governor in the face. The Democrat-dominated legislature is unwilling to allow him to exercise his federally mandated authority (as is their right under the 17th amendment of the nations constitution).

This unprecedented step in our state's history smacks of such arrogance that it goes beyond partisan politics to the threshold of greed. If, as has been demonstrated in the past, the legislature isn't fond of the laws that govern them, they simply replace, ignore or manipulate them.

The Democrat Furculo had his right to appoint Smith to replace Kennedy. Romney should have been given the same benefit. Of course, all this could be a moot point come the first Tuesday in November.

George Greene

Harbor View St.

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