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Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments [July 16, 2013]
"This report reviews the constitutional origins of the appointments provision and its incorporation in the 17th Amendment. It also examines and analyzes contemporary developments, including the disposition of recent vacancies and proposals to eliminate or restrict gubernatorial power to name temporary Senators."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2013-07-16
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Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments [June 7, 2013]
"This report reviews the constitutional origins of the appointments provision and its incorporation in the 17th Amendment. It also examines and analyzes contemporary developments, including the disposition of recent vacancies and proposals to eliminate or restrict gubernatorial power to name temporary Senators."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2013-06-07
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Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments [February 13, 2013]
"United States Senators serve a term of six years. Vacancies occur when an incumbent Senator leaves office prematurely for any reason; they may be caused by death or resignation of the incumbent, by expulsion or declination (refusal to serve), or by refusal of the Senate to seat a Senator-elect or -designate. This report provides information on current vacancies in the Senate, the constitutional origins of the Senate vacancy clause, the appointment process by which most vacancies are filled, and related contemporary issues. It will be revised and updated to reflect current developments in vacancies, appointments, and special elections."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2013-02-13
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Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments [August 21, 2009]
"The election of incumbent Senators as President and Vice President in 2008, combined with subsequent cabinet appointments, resulted in the highest number of Senate vacancies during a presidential transition period in over 60 years. Vacant seats were filled in Colorado, Delaware, Illinois, and New York, all states in which the governor appoints a temporary replacement. Controversies surrounding the replacement process in two of these states drew scrutiny and criticism of both the particular circumstances and the appointment process itself. The use of temporary appointments to fill Senate vacancies is an original provision of the U.S. Constitution. The practice was revised by the 17th Amendment (effective in 1913), which substituted direct popular election of Senators for choice by state legislatures; it also changed the requirements for Senate vacancies, by specifically directing the state governors to 'issue writs of election to fill such vacancies.' The amendment simultaneously preserved the appointment option by authorizing state legislatures to 'empower the [governor] to make temporary appointments until the people fill the vacancies by election.' [...] Two alternative federal reform approaches emerged in the 111th Congress: one legislative and the other constitutional. H.R. 899 would require special elections to fill all Senate vacancies, and would provide federal financial assistance to the affected state to cover up to 50% of the costs of the special election. S.J.Res. 7 and H.J.Res. 21 propose a constitutional amendment that would require all Senators to be elected, and would direct the governors of affected states to issue writs of election to fill Senate vacancies. The constitution subcommittees of the Senate and House Judiciary Committees held a joint hearing on the measures on March 11, 2009. On August 6, the Senate Judiciary Committee's Subcommittee on the Constitution voted to approve S.J.Res. 7 and report it to the full committee."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2009-08-21
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