Wednesday, December 10, 2008

Seventeenth Amendment

What does the Constitution say about Senate vacancies?

The current rules are found in the 17th Amendment, which took the right to elect senators away from state legislatures, and gave it to the electorate of each state. Clause 2 of that amendment reads as follows:

When vacancies happen in the representation of any State in the Senate, the executive authority of each 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.

The executive authority, i.e., the governor, does not automatically have the right to appoint a successor. The legislature of each state can grant, or remove, that power.

That is basis on which Illinois' legislature might eliminate Gov. Rod Blagojevich's power to make such an appointment.

I wonder whether other states might follow Illinois' lead, and provide for immediate special elections. This is not the first time that the gubernatorial appointment process has been controversial. I have written about previous controversies here and here.

Of course, Senate elections can be controversial too. If you doubt that, just ask the folks in Minnesota.

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