Citizen Advocates for Constitutional Principles


Constitutional Gems - # 729 – 07-16-2007


Question: When a vacancy occures in the House of Representatives, how is that vacancy filled until an election can occure?



Focusing on the Constitutional -
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
(US Constitution, Article I, Section 2, Clause 4)

In 1970, Jackson v. Ogilvie, the Seventh Circuit Court rulled that this duty in this clause of the Constitution is mandatory on Governors. When the seat in the House is vacated for any reason the Governor must set a date for a special election. However, if the remaining term for that office is "exceeding short" the Governor can choose to let the filling of that office wait until the upcoming election.




 

-->

Send us your comments about issues in this newsletter.


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

Do you have a question regarding the Constitution?


Send us your question.
Would you like to contribute to the CACP Newsletter (GEMS)?
Click here to view requirements.
We need your help to reach our goal to get Gems to the email of each and every elected official, government employee, members of the news media, social studies and history teacher in the US and abroad. Send us only their email addresses, we will send them Gems. If they do not wish to receive it unsubscribing is as easy as clicking on the "unsubscribe" link. This newsletter may be the only study they may have of the Constitution.
Share the Constitution.
Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster and what has happened once in 6,000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.- Daniel Webster

Subscribe to receive the CACP Newsletter direct:

This is always a free subscription! We guarantee our subscription list is never shared with any third party. Ever!

Suggest they Subscribe.



Did you miss an issue of Gems. Find it at CACP.info
To unsubscribe
click here.


© 2006 - Citizen Advocates for Constitutional Principles, Inc.

To contact webmaster.