Senator Russ Feingold (D-Wis)
Sen. Russ Feingold wants to require that Senate vacancies be filled by voters rather than state governors through special election.
Feingold, the chairman of the Senate Judiciary Subcommittee on the Constitution, has taken issue with controversies surrounding recent gubernatorial appointments to vacant Senate seats in Illinois, New York, Colorado, Delaware and New Hampshire. The newly introduced Constitutional Amendment ( Text of the Amendment ), the 28th Amendment if ratified, would end such appointments and close a loophole found in the 17th Amendment.
The Wisconsin senator believes that such appointments are an anachronism that must end, citing that some of the situations were handled in a way that was "alarmingly undemocratic and included behind-the-scenes deal-making that left voters out in the cold."
Citing the Wisconsin model that has been in place since 1913, Feingold says the basic basic principle of our democratic system is the "election of the government by the governed."
In 1913, thanks to the efforts of Wisconsin’s own 'Fighting' Bob La Follette, the Seventeenth Amendment to the Constitution was ratified giving the citizens of this country the power to directly elect their U.S. Senators. But the amendment left open a loophole which allowed governors to appoint U.S. Senators in the event of a vacancy. It is clear that we need to close that loophole and make sure the people always have a voice in who represents them in Congress.
The following video from a February 11 news conference announces the House introduction of a constitutional amendment ending gubernatorial appointments to fill Senate vacancies:
The framers of the U.S. Constitution required that members of the House be elected but senators were selected by state legislators. The early system was similar to Great Britain, where the House of Representatives was considered a "people's chamber" while the U.S. Senate was considered to be an elite body.
The "corrupt" process of selection became of focus of early- and modern-day progressive thinkers and reformers. Feingold, much like former senator La Follette, argues for direct election of members in both chambers and an end to the 40-plus states who use the loophole in the 17th Amendment to allow gubernatorial appointments of U.S. Senators.
Other related articles:
- Text of the Amendment
- Feingold statement on the introduction of the Amendment in the House (2/11/09)
- Sensenbrenner joins call for direct election of senators (2/11/09)
- Dreier, Conyers call for direct election of all senators (2/11/09)
- Feingold announces plans to introduce a new Constitutional Amendment (1/25/09)
Special Report: Obama's First 100 DaysExclusive examiner.com coverage of the Obama administration's promise to bring about change.
Comments
Direct election of senators is one of the biggest mistakes we could have made. That amendment was a power grab, pure and simple, to lock in power. It not only promotes more campaign financing corruption, but also ensures state interests will be dominated by urban areas. If legislatures were responsible for selection of senators, we with "downstate" interests would be better able to ensure our district reps voted for nominees in accordance with our wishes, and could escape much of the tyranny of the majority that direct unchecked democracy results in.
Remember--at one time, the majority of the people would have overwhelmingly voted in support of a flat earth and human slavery.
I don't trust my state legislators (MD) to select a trash can. Not that the voters of this state are any better educated to elect them.
I like the idea. Then again, I also think that the Supreme Court should have term limits.
-JH
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