Filling Senatorial Vacancies

[Stephen Siegel]

Isn't it equally literal to read the 17th amendment as simply empowering
the governor to make a temporary appointment but not giving the
legislature any power to circumscribe that governor's discretion as to
whom to appoint?  In other words, the legislature may choose to let the
seat go vacant until an election is held, or empower the governor to make
an unconstrained choice.


On Fri, 9 Mar 2001, Parry, John wrote:

> The 17th amendment says, "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."  I wonder whether that
> is a grant of plenary authority to the state legislature (along the lines
> envisioned by Rehnquist, Scalia, and Thomas in Bush v. Gore).  If plenary,
> then isn't the answer  no constitutional violation?  Leaving aside the
> strain to Bush v. Gore, does Term Limits apply to filling vacancies as
> opposed to an election?  The law seems bad, indeed shameless, but I'm not
> convinced it is unconstitutional.
>
> ********************************************
> John T. Parry
> Assistant Professor of Law
> University of Pittsburgh School of Law
> 3900 Forbes Avenue
> Pittsburgh, PA  15260
> 412-648-7006
> parry at law.pitt.edu
> ********************************************
>
>
> -----Original Message-----
> From: Daniel Hoffman [mailto:guayiya at BELLSOUTH.NET]
> Sent: Friday, March 09, 2001 2:48 PM
> To: CONLAWPROF at listserv.ucla.edu
> Subject: Re: Filling Senatorial Vacancies
>
>
> South Carolina is considering a bill that would require the Governor, in
> filling senatorial vacancies, to choose someone of the same party as the
> person being replaced.
>
> Based on the Term Limits case, would such a State law not violate the
> Constitution by imposing a new, non-Art. I qualification for Senators?
>
> Daniel Hoffman
>