FWD: Large Scale Replacements of House and Senate

Sanford Levinson SLevinson at MAIL.LAW.UTEXAS.EDU
Wed Oct 24 18:32:45 PDT 2001

Let me suggest that the first thing we need to do, when contemplating
suddenly thinkable catastrophes, is to return to the old Succession in
Office Act, which would eliminate the truly stupid possibility that Dennis
Hastert would become president and the truly insane possibility that Robert
Byrd would (of course, before Jim Jeffords' switch, it would have been
Strom Thurmond).  In addition to the stupidity of the current act, Akhil
and Vik Amar have argued quite convincingly that it is unconstitutional to


and At 05:41 PM 10/24/2001 -0400, you wrote:
>From a FoxNews article (just the beginnnig, rest at
http://www.foxnews.com/story/0,2933,37126,00.html )
>                 Lawmaker Ponders a Congressional
>                 Catastrophe
>                              Wednesday, October 24, 2001
>                              By Kelley Beaucar Vlahos
>                              WASHINGTON ¯ What would happen if a majority
of the
>                              U.S. Congress fell victim to some sort of
terror attack?
>                              What once was a scenario reserved for the
silver screen
>                 is suddenly not such a far-fetched notion.
>                 As a result, one legislator has a solution to such a
problem, and is floating an idea that
>                 might have been unthinkable two months ago. Rep. Brian
Baird, D-Wash., has
>                 suggested a constitutional amendment that would enable
state governors to suspend
>                 the democratic process and appoint members to the House
of Representatives if 25
>                 percent or more of the body were obliterated.
>                 "Dealing with this is in no way an act of panic," Baird
said. "It's an act of courage.
>                 Honestly, I don't think we'd be excused for not stepping
up to the plate. We have a duty
>                 to hold up the Constitution."
>Jim Maule
>Professor of Law, Villanova University School of Law
>Villanova PA 19085
>maule at law.villanova.edu
>President, TaxJEM Inc (computer assisted tax law instruction)
>Publisher, JEMBook Publishing Co. (www.jembook.com)
>Maule Family Archivist & Genealogist (www.maulefamily.com)

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