Eleanor Finch
The process of appointing a new senator is outlined in the US Constitution, which grants state legislatures the power to elect senators. The Seventeenth Amendment, ratified in 1913, established the direct election of senators and provided a means of filling vacant Senate seats. If a senator dies, resigns, or is expelled, the Seventeenth Amendment allows state legislatures to empower the governor to appoint a replacement to complete the term or until a special election can be held. The US Senate also has the exclusive power to confirm presidential appointments, approve or reject treaties, and decide on impeachment cases brought by the House.
| Characteristics | Values |
|---|---|
| Appointment method | Direct election by the people of each state or gubernatorial appointment |
| Appointment conditions | Vacancy due to death, resignation, or expulsion of a senator |
| Appointment duration | Until a new senator is elected and "qualified" or until the end of the term |
| Appointment constraints | Appointed senator must be from the same political party as the previous incumbent |
| Election timing | Special election coinciding with the next regularly scheduled election or within a certain time frame |
| Election constraints | Election laws and rules specific to each state |
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What You'll Learn
The Seventeenth Amendment
The amendment also provided that state legislatures could empower the governor to make temporary appointments until the people fill the vacancies by election. The appointed senator serves until a new senator is elected and "qualified", meaning the Senate has accepted the election credentials and administered the oath of office. The decision of when, or if, to hold a special election to fill out the remainder of the term is determined by the laws of individual states.
Since the ratification of the Seventeenth Amendment in 1913, there have been 254 appointed senators. Of these, 207 were appointed before the next scheduled or special election, and 47 were senators-elect who had already been elected to the seat. The Seventeenth Amendment was a major milestone in American political history, increasing democratic participation and transparency in the political process. It also shifted the balance of power towards the federal government and affected the separation of powers by adjusting the Senate's relations with the House of Representatives, the presidency, and the judiciary.
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State legislature powers
The state legislature's powers regarding the appointment of a new senator are outlined in Article 1, Section 3 of the Constitution. This clause specifies that if a vacancy occurs while the state legislature is in session, the legislature has the authority to appoint a replacement senator directly. However, if the legislature is not in session, the state's governor is empowered to make a temporary appointment until the legislature reconvenes and can fill the vacancy through election.
Historically, before the introduction of the Seventeenth Amendment, state legislatures played a more direct role in appointing senators. Between 1794 and 1900, there were several instances where vacancies arose due to a state legislature's failure to elect a senator before the commencement of a Senate term. In such cases, the governor would often appoint an individual to serve until the legislature could fill the vacancy, ensuring continuous senatorial representation for the state.
The Seventeenth Amendment, ratified in 1913, marked a significant shift towards direct elections by the people of each state. This amendment provided that state legislatures could authorize governors to make temporary appointments until a special election is held. The appointed senator would serve until a newly elected senator is qualified, which includes the Senate accepting their election credentials and administering the oath of office.
Today, the process for filling Senate vacancies varies across states. In 36 states, vacancies are typically filled through gubernatorial appointments, with the governor selecting from a list of candidates provided by the previous senator's political party. These appointees serve until the next statewide general election, after which the winner of that election serves the remainder of the term. In the remaining 14 states, a special election is required to fill the vacancy within a specified timeframe. Of these 14 states, 8 allow for interim gubernatorial appointments, while the other 6 require the vacancy to be filled solely through a special election.
While the specific rules and procedures may differ, the state legislature's powers in appointing a new senator are shaped by the Constitution, historical precedents, and the current landscape of direct elections. The balance of power between the legislature and the governor's office influences the process, with the goal of ensuring proper representation for the people of the state.
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Gubernatorial appointments
The Seventeenth Amendment to the US Constitution, ratified in 1913, established the direct election of senators by the people of each state. This amendment also provided a means of filling vacant Senate seats. If a senator dies, resigns, or is expelled, the Seventeenth Amendment allows state legislatures to empower the governor to appoint a replacement to complete the term or hold office until a special election.
There are varying rules regarding gubernatorial appointments of senators across different states. Thirty-six states temporarily fill Senate vacancies through gubernatorial appointments. The appointed senator serves until the next statewide general election, after which the winner of that election serves out the remainder of the term. In the remaining 14 states, a special election is required within a certain time frame to fill the vacancy. Of these 14 states, eight allow for an interim gubernatorial appointment.
In some states, the governor must appoint a replacement senator from the same political party as the previous incumbent. In other states, the governor selects a candidate from a list of three prospective appointees submitted by the political party of the previous incumbent.
The practice of allowing state governors to appoint successors to vacated Senate seats ended in 1980. This was due to changes in party rules that no longer gave seniority to senators who entered Congress early by being appointed to fill a vacancy shortly before the end of a Congress.
Since the ratification of the Seventeenth Amendment in 1913, there have been a total of 254 appointed senators in the United States Senate.
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Special elections
The Seventeenth Amendment to the US Constitution, ratified in 1913, established the direct election of senators by the people of each state. The amendment also allows state legislatures to empower the governor to appoint a replacement to complete the term or hold office until a special election can take place.
In 36 states, Senate vacancies are temporarily filled by gubernatorial appointment. The appointed senator serves until the next statewide general election is held, after which the winner of that election serves out the remainder of the term.
The remaining 14 states require that a vacancy be filled by a special election within a specified period. Eight of these states allow for an interim gubernatorial appointment.
The decision of when, or if, to hold a special election to fill out the remainder of the term is determined by the laws of the individual states.
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Party of the appointee
The process for appointing a new senator is outlined in the US Constitution, specifically the Seventeenth Amendment, which was ratified in 1913. This amendment established the direct election of senators by the people of each state. In the event of a vacancy, the Seventeenth Amendment allows state legislatures to empower the governor to appoint a replacement.
Regarding the party of the appointee, there are a few important considerations. Firstly, in most states, the governor is responsible for appointing a new senator to fill the vacancy temporarily. The appointed senator typically serves until the next statewide general election, at which point the winner of that election serves out the remainder of the term. It's important to note that the specific rules and requirements for appointing a new senator may vary from state to state.
In many states, there is a requirement for the appointed senator to be from the same political party as the previous incumbent. This ensures that the political balance in the Senate is maintained. The governor usually selects the appointee from a list of candidates provided by the party of the previous senator. This process allows for continuity and representation of the same political ideals and values.
In certain situations, an interim gubernatorial appointment may be made before a special election is held to fill the Senate vacancy. This process can vary depending on the state and the specific circumstances of the vacancy. Some states may require a special election to be held within a certain timeframe, while others may allow the interim appointee to serve out the balance of the term.
It's worth noting that the practice of senators resigning before the expiration of their term to allow their successors to gain extra seniority ended in 1980. Both parties established new rules that no longer gave seniority to senators who entered Congress early by being appointed to fill a vacancy. This change further emphasized the importance of adhering to the term limits and election processes outlined in the Constitution.
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Frequently asked questions
The Seventeenth Amendment to the US Constitution, ratified in 1913, established the direct election of senators by the people of each state. Senators serve six-year terms, with elections staggered so that approximately one-third of the Senate is up for reelection every two years.
Yes, in certain circumstances, a state governor can fill Senate vacancies through appointments. As of 2017, 38 states allow this, while 8 states require a special election to fill the vacancy. Appointed senators may serve out the remainder of the term or until the next statewide general election.
In some states, yes. In Oklahoma, for example, the governor must appoint a successor who is from the same party as the previous senator.
If a vacancy occurs due to a senator's death, resignation, or expulsion, the Seventeenth Amendment allows state legislatures to empower the governor to appoint a replacement to complete the term or until a special election can take place.
