Citizen Advocates for Constitutional Principles


Constitutional Gems - # 724 – 06-11-2007


Question: How is a vacancy in the Senate filled between elections?



Focusing on the Constitutional -
If Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
(US Constitution, Article I, Section 3, Clause 2)

In the Constitutional Convention there was only one opponent to having the state's executive select a temporary replacement. James Wilson objected on the grounds of separation of power. However seeing that there may be a time that the state's legislature may not be in session he conceeded in orger to prevent unfilled vacancies.




 

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The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government.
George Washington's Farewell Address 1796

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