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So who's in?
Author: TriSec    Date: 01/24/2009 13:09:48

A curious thing happened this past presidential cycle.

Seems that the "Big Three" were all sitting senators.

So....what happens when there's a senate vacancy? The constitution is actually fairly gray in that regard. Article 1 gives a long enumeration of who can be a senator, and what their duties are, but includes the following caveat:

The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.


So in the early days of the Republic, our senators were chosen by the state legislature. [Representatives were always selected by general election.]

But somehere along the way, Congress decided to ammend the procedure, and the result was the 17th Ammendment (circa 1913):


The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.

When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.


So what was initially a gray process became grayer still, as the Constitution now directs that the governor shall appoint a replacement unless the state legislator overturns the local authority and calls for a special election.

What this all means is that like many things in these United States...it's inconsistent. Using a local example, the Governor of this Commonwealth was empowered to appoint a replacement senator, and always had been.

Until 2004. That year, one of our senators almost became president. At the time, we had a Republican governor, and the state was paralyzed by the fear that he would appoint a Republican replacement. The state hurriedly passed legislation calling for a special election, and that's what we'll do the next time a Massachusetts Senator is forced to leave office before his term expires.



So that brings us back to this year. Governors in Illinois, New York, and Delaware are all faced with a senatorial appointment. Unfortunately for them, they're all under a giant searchlight...and it ain't pretty.


NEW YORK – The departure of four sitting Democratic senators this year has cast a new — and at times, unflattering — light on the nation's governors and their outsize power to fill Senate vacancies.

While governors must call a special election to replace members of the House who resign or die before their term is up, 38 states allow governors the sole power to appoint an interim senator, according to the National Council of State Legislatures.

Just nine states require a special election to fill a Senate vacancy. In three other states — Hawaii, Utah and Wyoming — governors must select a candidate from a list of prospective appointees submitted by representatives of the departing incumbent's political party.

Choosing a new senator has led to considerable drama for the four governors tasked with doing so this year. All have weathered some level of opprobrium for their choices or for how they handled the selection, with one — Rod Blagojevich of Illinois — facing criminal charges for trying to barter President Barack Obama's former seat for cash and favors.

"Politically, the choices made by the governors so far have been pretty odd," said Seth Masket, an assistant professor of political science at the University of Denver.

Most recently, New York Gov. David Paterson engaged in a messy, drawn-out effort to name a replacement for Hillary Rodham Clinton, Obama's secretary of state. The process was largely dominated by a high-profile lobbying campaign by Caroline Kennedy, the 51-year-old daughter of President John F. Kennedy hoping to win the nod.

Paterson spent weeks vacillating publicly about Kennedy, at turns praising her intelligence while criticizing her lack of experience. The governor hinted openly that he would choose Kennedy, then contradicted himself later by saying he was still considering other candidates.

For her part, Kennedy appeared tentative and unprepared, and she abruptly withdrew her name from consideration for the seat Thursday. Her departure launched a war of recriminations between her allies and Paterson's — a spectacle that suggested Paterson had somehow lost control over the selection process.
...
In Illinois, Blagojevich prevailed in a high-stakes game of chicken with Democratic leaders by naming former Illinois Attorney General Roland Burris to Obama's seat.

Senate Democrats had insisted that any candidate Blagojevich named would not be considered a legitimate replacement. They eventually relented and allowed Burris to be seated, but he remains tainted by his connection to Blagojevich and may not be the strongest candidate to withstand a Republican challenge in 2010.

While less visible than the Illinois and New York Senate replacements, retiring Delaware Gov. Ruth Ann Minner has withstood criticism for her choice to fill Vice President Joe Biden's Senate seat. And Colorado Gov. Bill Ritter's choice of a replacement for Ken Salazar, now Obama's interior secretary, has also mystified some.
(continued)



So, despite the best efforts of the Founding Fathers, and those that would ammend the Constitution, it looks to me like the process has become rife with uncertainty and opportunity for corruption and influence peddling. I don't know about you, but I would think that a clearer rule of succession needs to be defined....special elections across the board, perhaps?

Putting open Senate seats on eBay to the highest bidder can only end badly for everyone.


 

24 comments (Latest Comment: 01/25/2009 03:17:39 by trojanrabbit)
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