Election vs. appointment
Yesterday in a rare joint session, subcommittees of the House and Senate Judiciary panels gathered to consider a constitutional amendment that, if passed, would require all vacant Senate seats to be filled via an election instead of by a governor’s appointment as dictated in the 17th amendment. The issue comes under consideration after last November’s election cycle resulted in four Senate vacancies–the most infamous of which was the Illinois seat that former Gov. Rod Blagojevich (D) is accused of trying to sell.
While supporters say the proposed constitutional amendment is needed to fix “a constitutional anachronism” that is “a problem for our system of democracy,” others have expressed concerns:
Rep. Jerrold Nadler (D-N.Y.) worried that, particularly in expensive states like California and New York, a short timeframe for a special election would make it nearly impossible for a non-wealthy candidate to raise enough cash to be competitive. The proposal, Nadler feared, “might tend to make the Senate, more than it is already, a body of millionaires and celebrities.”
Matthew Spalding, the director of the B.Kenneth Simon Center for American Studies at the Heritage Foundation, argued that leaving Senate seats vacant while special elections were prepared would be unfair to those states with openings, which would be at a temporary disadvantage in the chamber.
What’s your take: Should all U.S. senators be elected?




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back to top17 Comments to “Election vs. appointment”
I guess they really don’t like this Burris fellow. He seems to be a burr under the saddle. Had Blagoyevich not been caught, this wouldn’t be happening. The Dems are trying to save face and blame the Constitution, rather than their own greed and stupidity. The Constitution isn’t the problem. Greed is. One idiot’s greed isn’t enough to go through the process of amending the Constitution — but the Dems look bad because it is their greed that caused this, so they have to come up with something, which, of course, is wasting more time and taxpayer money. The guy has been legally seated, and anytime the law goes against what the leftys want, they want to rewrite the Constitution. Enough already.
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Well let’s see now….
On the one hand you have fat cats like Blago trying to sell the Senate seat to the highest bidder. Hmmm… sounds like the rich and celebrities get in that way…
On the other hand, the best campaign fundraiser wins… They amount to the rich and celebrities too.
Looks like either way you go… you wind up with scoundrels and bums.
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Bad cases make for bad law. The Dems’ embarrassment over Blagogate hardly proves the existence of a systemic problem requiring a constitutional amendment.
While I hardly want to see another Blago Senate seat sale-a-thon, the problem in Illinois was not the provision that the governor can appoint. The problem was that the good people of Illinois elected a rotten crook to be their governor. In other circumstances, such as expressed in Kristin’s post, appointment makes sense.
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Why not do both? Temporary fill in by a gov. appointee so that your state has a rep…meanwhile you have an official election under a decent timeframe.
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Why would you want to set up an office, have a person start a job and have to leave again in a few months. By the time the feet are wet, you’d have another dry footer stepping into the water.
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You pontentially have that anyway depending on when the seat becomes empty right?
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Instead of a governor’s appointment, maybe the state legislature can do it. It worked for about 120 years.
Also, I think it would be harder (and more expensive) to pay off all the necessary state legislators to buy a Senate seat.
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“The problem was that the good people of Illinois elected a rotten crook to be their governor.”
Actually… I think it’s more extensive than that. If you research it, there was a hospital administrator that ran afoul of Illinois’ crime infested political network some 5 years ago or so, and the ensuing investigation uncovered the Blago scandal… among myriad other things. I bet a wooden nickel that it’s the tip of the iceberg.
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The hospital in question was one well run Childrens Memorial Hospital. The administrator had received approval for state funds to build an expansion, but Blago wouldn’t send funds until she made a “contribution”. She never has gotten her expansion…
Here’s a Justice Department transcript of the case. It makes for some interesting reading:
http://www.nytimes.com/2008/12/09/us/politics/09text-illinois.html
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OK, MIM, Blago was a competent enough thief and shake-down artist that he wasn’t easily discovered. And this proves what, in relation to the topic at hand?
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We had to fight for the right directly elect our Senators in the first place but the job was only half done. Vacant Senate seats are not a reason to be undemocratic, and concerns about money would be neutralized if we also included provisions that the special elections we publicly funded with no direct cash raising allowed.
Let’s not spoil our commitment to democracy by being unwilling to make our system democratic.
Congress should set aside a reserve fund for elections and award a set amount of money to each qualified candidate who enters the race depending on what state he/she is running in for both senate and house special elections.
And while Blago might have been a good catalyst (as one is often need to stir public action), recent Senate appointments besides Burris have showed that the system is undemocratic and broken. Does anyone believe that Paterson in NY didn’t appoint Gillibrand without considering the fundraising power and north state affection she would bring his first official run for Governor?
The recent Judd Gregg fiasco saved the people of NH from being represented not by their election Senator, but by one sleected in a partisan back room deal with a greater focus on maintaining political power in the Senate chamber than representing voter will.
It is long past time to amend the constitution to provide for the direct election of Senators (as is already the case with the House) fully and completely with total respect for democracy and liberty.
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RR,
It proves only that the concept of self-government only works if you have hard working, diligent, morally upright citizens. Once you have the morally corrupt in power, or your citizens don’t pay attention any more, it’s all over.
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How often has corruption been an issue in appointments like this? (I honestly don’t know) If there are other recent examples I might be inclined to support this, but otherwise, it doesn’t excite me too much.
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The only thing be haggled over is the temporary appointment issue. THe 17th Am already requires Senate vacancies to be filled by election.
The quirk here is that Illinois law provides for the “special election” to be the next General Election (i.e. November even year election) such that the temporary appointment can be for as long as 2 years.
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It is just another socialist legislative grab of states rights – and nothing more.
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I generally dislike tinkering with the Constitution, unless there’s a longstanding problem. Just because one or two bad cases happen doesn’t meet the threshold for me. There are always people proposing to amend the Constitution for one reason or another. Thankfully very few make it through the process.
I might settle for a compromise, along the lines of what we have for Supreme Court Justices. The governor appoints with the advice and consent of the legislature. If more than three years remain before the next Senate election on a vacant seat, a special election is held. If less than 3 years remain, the governor gets to appoint with the advice and consent of the state legislature.
Finally I should note that the members of the state legislature can be “bought” as easily as a governor.
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The appointed senator’s seat always comes up for election anyway at the next regularly scheduled general election, no matter how many years were left on the term. So I don’t think a new election is always needed. Suppose it’s only five months until a general election. Would you really want to have an expensive special election to fill a seat for a few months, only to do it all over again? Still, you would want somebody in the seat to give the state representation. I would say hold a special election if there are more than 18 months until the next general election (as was the case for the four recently appointed Senators), but otherwise use the appointment method.
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