Senators representing other states: an undemocratic practice.
Commentary
It’s nice work if you can get it—a free appointment to the United States Senate. California Gov. Gavin Newsom has raised new questions about the appointment process in his naming of Laphonza Butler to replace Sen. Diane Feinstein after her recent death. Not only was her appointment a surprise to California Democrat insiders, but she is a voting resident of Maryland, not the Golden State. She did live in California for 12 years but has listed her legal address as Maryland since 2021.
This isn’t the only case of 21st century carpetbaggers. Former First Lady Hillary Clinton moved from Arkansas to New York in late 1999 to run for Senate in 2000. Mitt Romney changed his residence from Massachusetts to Utah in 2014 to run for the seat vacated by retiring Senator Orrin Hatch in 2018. Banking on her father’s name recognition, Liz Cheney bought a home in Wyoming in 2012 to run for Congress in 2014.
For those three johnny-come-lately candidates, they did win their elections. Dr. Mehmet Oz moved to Pennsylvania in 2020 (claiming he rented a room from his in-laws) to run for Senate in 2022. Earning the endorsement of former President Donald Trump, he won the GOP nomination, but got punished in the general election based in part on the perception that he was a carpetbagger.
What unites these candidates is that they moved to compete in democratic elections. Laphonza Butler was handpicked to come from out of state to represent California.
When a member of Congress leaves a vacancy, there are two basic systems in place. In the House, all vacancies are filled by a special election set by the state’s governor. Four states require a special election for the Senate, as well. But otherwise, it is quite different in the Senate.
For the other 46 states, governors appoint an interim replacement to the Senate, with varying rules on how long the interim period can last, and whether they can choose who they want or must appoint someone from the outgoing senator’s party or from a party list.
Sometimes governors get themselves in deep trouble. After Sen. Barack Obama became President, Illinois Gov. Rod Blagojevich sought bribes from potential replacements. He was impeached and removed from office, then convicted of public corruption and served eight years in federal prison.
Vacancies happen on a yearly basis. Historically, 153 senators have died in office (not including retirements or resignations) since 1913 when the 17th Amendment was adopted to change Article I, Section 3 of the Constitution from having senators be appointed by the state legislatures to direct election by the people. But the amendment adds that governors have the power to appoint a replacement, if authorized by their state’s legislature, until the next general election.
Governors are elected by the people of their states, but the appointment process is still undemocratic. The people who elected someone to be chief executive for their state might have other priorities in mind when voting for a senator.
State governments should amend their constitutions. Follow the spirit of the U.S. Constitution and have senators be elected—always—by the people, and in a timely fashion. States should require that candidates have lived in their state or district for several years before running for office; that is certainly a requirement in the U.S. Constitution. Term limits would reduce the number of elderly senators, when the average age now is 65 and roughly a quarter are over the age of 80.
Ultimately, much of national politics has become a delegation of power from both the Executive and Legislative branches to the U.S. Supreme Court. Governors’ power to appoint senators is not only a question of how their state will be represented, but who controls the Senate—which confirms Supreme Court Justices on a wholly political basis.
Whatever one makes of Mr. Newsom’s appointment, he has shined a light on the undemocratic process for replacing U.S. senators. It’s time to clean things up.
How does the appointment process for vacancies in Congress differ between the House and the Senate?
, according to the United States Senate website. This means that the appointment of replacement senators is a common occurrence.
However, the recent appointment of Laphonza Butler by California Governor Gavin Newsom has raised questions about the appointment process. Not only was her appointment a surprise to California Democrat insiders, but she is also a resident of Maryland, not California. While she did live in California for 12 years, she has listed her legal address as Maryland since 2021.
But Butler is not the only case of what can be called “carpetbaggers” in the 21st century. Hillary Clinton moved from Arkansas to New York in 1999 to run for Senate in 2000. Mitt Romney changed his residence from Massachusetts to Utah in 2014 to run for the seat vacated by retiring Senator Orrin Hatch in 2018. Liz Cheney also bought a home in Wyoming in 2012 to run for Congress in 2014, banking on her father’s name recognition.
In all of these cases, the candidates were successful in winning their elections. However, they faced criticism and accusations of being carpetbaggers, taking advantage of their new residences for political gain.
The appointment process for vacancies in Congress differs between the House and the Senate. In the House, all vacancies are filled by a special election set by the state’s governor. Four states also require a special election for vacant Senate seats. However, for the other 46 states, governors have the authority to appoint an interim replacement to the Senate. The rules regarding the length of the interim period and whether the governor can choose the replacement vary.
In some cases, the appointment process has led to controversy and even criminal activity. Former Illinois Governor Rod Blagojevich sought bribes from potential replacements after Senator Barack Obama became President. He was impeached, removed from office, and ultimately convicted of public corruption, serving eight years in federal prison.
Overall, vacancies in Congress are not uncommon, and governors have the responsibility to appoint replacements. However, the appointment of candidates from out of state raises questions about the fairness and integrity of the process. The case of Laphonza Butler’s appointment highlights the need for transparency and accountability in the selection of interim senators.
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