Governors should *not* be allowed to fill vacant senate seats

[Nye Bevan]

It is a recipe for cronyism, nepotism, and in the worst case, corruption, as we have seen today.

Vacant senate seats should always be filled via a special election. Let the parties hold primaries (possibly with an abbreviated schedule) and let the people pick their senator.

[ProdigalJunkMail]

1. that belief tells me you have no idea of why the Senate was created n/t

[liberal N proud]

2. Cronyism, nepotism, and corruption?

[ProdigalJunkMail]

10. right...

[Winterblues]

4. Do you have any idea how many states do not allow the Governor to pick?

Maybe all those states have no idea about the Senate either....:shrug:

[ProdigalJunkMail]

9. doesn't change why the senate was created... n/t

[Nye Bevan]

16. Well, originally Senators were *never* chosen directly by the people

But that changed, and currently *most* Senators are chosen directly by the people.

How about we carry this concept through to its logical conclusion, and have *all* Senators chosen by the people?

[LynneSin]

3. they are filled by special elections

the people appointed are not the permament replacment. In 2010 all 3 of those seats go up for re-election although only one of them (Obama's seat) is during the regular election cycle.

[Nye Bevan]

7. There should be a special election even for the temporary replacement

The temporary replacement gets the huge advantage of incumbency when the real election rolls around. Let the *people* pick the temporary replacement, instead of one guy.

And does no-one think it sucks that if a Democratic senator in a state with a Repub Governor is appointed to the Cabinet, we automatically lose one of our senate seats to the GOP?

[LynneSin]

8. That isn't necessarily the case

When Craig Thomas of Wyoming died, the governor of Wyoming was a democrat. But state law required that the governor pick someone of the party of the person who was originally elected to that position (ie - a republican since Thomas was a republican).

[Nye Bevan]

11. That doesn't seem like a perfect solution

I'm thinking of those "Democrats" Zell Miller and Joe Lieberman. But I guess it's better than giving absolute discretion.

But in any case, why this hodge-podge of different rules? Is it really that difficult to hold an election and let the *people* pick their senator, even if it is only for the next 2 years?

[LynneSin]

12. Because it's alot of hassle to hold a second election and the turnout may be way lower than expected

Plus there is a major cost with holding the special election.

[Nye Bevan]

13. Elections are a hassle, and do cost money, it's true

But I kind of like them. Especially when a US Senator is being chosen.

[LynneSin]

14. That's why we were smart in Delaware - appointed someone who doesn't want it after 2010

of course things always change

[dysfunctional press]

15. if the people picked the replacement- there'd be no need for another special election in 2 years...

just sayin.

[Nye Bevan]

30. Yes- the six-year clock could restart

but I'm guessing that has other implications. I have no idea, but I'm guessing that traditionally both of the senate seats from a state do not come up for election simultaneously. Restarting the clock might mess this up.

[dysfunctional press]

34. no- it wouldn't "restart the 6-year clock"...the original senate term would stand...

they would be running to complete the term.

look at two states- illinois and ny(obama's and hillary's seats) obama's seat is up in 2010, hillary's in 2012.
both seats will be filled by governors appointments for 2 years, when a special election will choose an elected replacement- in illinois it will be a 6-year term, because that's when that senate seat was already set for re-election.

in ny, however- theperson chiosen by the governor will have to run for re-election in a special election in 2010- and the AGAIN in the regular election for that seat in 2012. at that point- it will return to the 6-year schedule.

so- the person chosen in NY- if they wish to stay in the senate, will need A LOT of campaign cash to cover two elections in two years.

[Nye Bevan]

35. So in NY I think it would make much more sense

to have a special election *now* to fill the seat until 2012. And this would not cost any more than the existing system as it would avoid the need for an election in 2010.

[dysfunctional press]

36. that may be, but it's not the way the law is, so it won't happen.

as blago has so painfully demonstrated- that appointment power is a valuable thing for a governor. well- for a smart one, anyway...

[FLyellowdog]

5. What if only the sitting party held an election for the seat?

Seems like there'd have to be some way to secure the party's place or Congress members might be reluctant to take cabinet seats, run for higher office, etc. Not really sure...just thinking.:shrug:
Edited after reading other posts referencing elections. Oops. I type too slowly. Sorry.

[Pab Sungenis]

6. That's how we do things on the state and county level here in NJ.

The party committee votes on the replacement. We already had to replace one Freeholder this year, and will be replacing another later this month.

But letting party bosses appoint the replacement is even worse than letting a Governor; at least a Governor theoretically has to answer to voters.

[dysfunctional press]

18. how would they determine who's in what party?

illinois doesn't require voters to register as any particular party.

[FLyellowdog]

20. Didn't know that. In FL we register by party.

[rucky]

17. Correction: They should not be allowed to auction-off Senate seats.

[kestrel91316]

19. I will defer to states' rights on this one. It should be a matter for the people of each state

to decide, and they have.

Where were your complaints when all the REPUBLICAN governors got to pick replacements?

Some of you people don't even try to fake it........

[Nye Bevan]

21. Oh no!

Busted! :eyes:

[suston96]

22. Look up the origins of the Seventeenth Amendment........

http://caselaw.lp.findlaw.com/data/constitution/amendment17/

The states were threatening a new constitutional convention unless Congress passed what would become the Seventeenth Amendment - the direct election of senators by the people of each state.

Also this:

http://en.wikipedia.org/wiki/Seventeenth_Amendment_to_the_United_States_Constitution

[Nye Bevan]

23. That's a good amendment

As it allows the senate to be elected directly by the people, which I am in favor of. It also *permits* but does not *require* a state legislature to allow the Governor to appoint temporary replacements to the Senate. I just think it's better if state legislatures do *not* grant the Governor this power, as I would prefer to see the people always get to choose their own senator.

[suston96]

24. Yep. Great. The part that bothers me........

....is this, in bold:

Clause 2. 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.

"As the legislature may direct"? Too much leeway there for the legislature. In some states, Arizona is one I believe, the governor, no matter which party, must replace the senator with the same party as the senator being replaced.

So a Democratic governor could not replace a Republican senator with a Democrat.

Why do Framers of constitutions and constitutional amendments make things so obtuse?

[Nye Bevan]

26. The Constitution is an excellent document

but it could use some modernizing.

Another change I would love to see is to have the inauguration brought forward to much sooner after the election. Two hundred years ago when the electors had to ride on horseback in uncertain weather along muddy trails to convene in the Electoral College, it probably made sense to allow several weeks between the election and the inauguration. But in modern times I see no reason why the new president should not take office much sooner- perhaps Nov 15 or Dec 1. The "lame duck" period is a historical anachronism in which nothing productive gets done. Just chimp sitting on his ass doing nothing except pondering which of his cronies he can get away with pardoning.

[TransitJohn]

32. Here in Wyoming

when Craig Thomas died, our solution was triggered. The State Republican Party submitted 3 choices to our Democratic Gov. Dave Freudenthal, who appointed his choice of the three, to fill the seat only until the next general election. As a result, both our Senate seats were elected last go around, one for only 4 years though.

[Bucky]

25. Different states have their own rules, but the Constitution says the Guv appoints them

It does little harm to allo the individual states to make up their own rules for how the vacancy is filled

[Nye Bevan]

28. As suston96 pointed out

the 17th amendment gives the states the *right* but not the *obligation* to have the Governor appoint temporary replacement senators. I just think that elections are better.

[rucky]

27. apparently, Sen. Durbin agrees.

He's urging the State Legislature to call a special election

[Nye Bevan]

29. Well, it would be an absolute disgrace for Blago to make the appointment now

but to be fair, under existing rules, the replacement should be a Democrat. Best thing would be for Blago to resign and have his replacement choose the new senator.

[onenote]

31. my suggestion: a temporary appointment followed by a special election

to be held in conjunction with the next regularly scheduled election if the vacancy occurs with more than one third of the term remaining. If less than one-third of the term remains, the appointee would serve the remainder of the term with the vacancy filled at the next regular election.

[Orsino]

33. We have to hope, then...

...that no one will want the stain of having been appointed by Blagojevich, or that he can be impeached or will resign before making an appointment.

Maybe?

[struggle4progress]

37. The amended Constitution actually requires states to fill vacant senate seats by election:

it simply allows the legislatures to provide for appointment of a temporary replacement by executive, until the election is held