Tuesday, September 09, 2014

Preview: The Basic Constitution by Douglas V. Gibbs - Amendment 17, Filling Vacancies in the Senate

By Douglas V. Gibbs

25 Myths of the United States Constitution has been on sale since February of 2014.  My next book, "The Basic Constitution: A Beginner's Examination of the Principles and Philosophies of the United States Constitution" will be on sale in a couple weeks.  Here is a quick preview from the middle section of the chapter regarding the 17th Amendment:

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Vacancies in the Senate

The Seventeenth Amendment also provides for appointments should a seat in the U.S. Senate be left vacant for any reason.  The governors of the States, should the legislatures allow such, may make temporary appointments until a special election takes place.  The State legislatures may change these rules as they deem necessary, such as requiring an immediate special election instead of allowing the governor to temporarily appoint a replacement.  This leaves most of the power regarding filling vacancies in the hands of the State legislatures.

Massachusetts, during the reign of Democrat governors, used the rule that if there was a vacancy in the U.S. Senate, the governor could appoint the new Senator to complete that term of office.  When Mitt Romney, who was a Republican, was governor, the Democrat dominated legislature feared a Republican appointment should one of the Massachusetts Senators die, so they changed the rule to require an immediate special election, fully confident the people would put another Democrat into office should one of the seats be vacated.  The Massachusetts legislature even overrode a veto by Governor Mitt Romney to accomplish their rule change.

Romney did not run for reelection in 2006, and his gubernatorial term in Massachusetts ended January 4, 2007.

The new governor of Massachusetts in 2007 was Deval Patrick, a Democrat.  When Senator Edward “Ted” Kennedy passed away August 25, 2009, since the State of Massachusetts had a Democrat governor, the Democrat-led legislature hurriedly changed the rule to enable the governor to appoint the new Senator as had been allowed before Mitt Romney was governor, just in case the people could not be trusted.

The appointed Democrat Party senator held the seat until a special election in January of 2010 that pitted Republican Scott Brown against Democrat Martha Coakley.  To the surprise of the entire nation, Scott Brown won the election, sending tremors through the political establishment, which included the Democrats losing a filibuster-proof majority in the U.S. Senate.  Brown was defeated in 2012 by Democrat Elizabeth Warren, returning the Senate Seat back to the Democrats when she took office on January 3, 2013.

-- Political Pistachio Conservative News and Commentary

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