[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Pages S13980-S13981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER:
  S.J. Res. 30. A joint resolution proposing an amendment to the 
Constitution of the United States regarding the appointment of 
individuals to serve as Members of the House of Representatives in the 
event a significant number of Members are unable to serve at any time 
because of death or incapacity; to the Committee on the Judiciary.
  Mr. SPECTER. Mr. President, I have sought recognition today to 
discuss language for a proposed constitutional amendment that would 
provide for the appointment of temporary Representatives by a Governor 
if fifty percent or more of the members of the House were killed or 
incapacitated. I place this

[[Page S13981]]

language in the Record not with the intention of urging its passage 
this session, but rather to afford my colleagues an opportunity to 
offer their comments and suggestions, and to afford them the 
opportunity to consider co-sponsoring this proposed amendment.
  The events of September 11 and the subsequent anthrax attacks 
directed against members of Congress and other Americans highlight the 
very real possibility that the Senate and House of Representatives 
could suffer catastrophic casualties that would prevent either or both 
bodies from fulfilling their essential roles in the governance of our 
Nation. Despite the morbidity of such a scenario, it is essential that 
we put in place a contingency plan for the effective continuance of our 
democracy. The Seventeenth Amendment to the Constitution allows for the 
temporary replacement of Senators by appointment by the Governor of 
their respective States. However, no such provision applies to members 
of the House. Only a proposed amendment to the United States 
Constitution would remedy this deficiency.
  The only means to replace members of the House is by special 
election. Article 1, Section 2, clause 14, states that ``[w]hen 
vacancies happen in the Representation from any State, the Executive 
Authority thereof shall issue Writs of Election to fill such 
Vacancies.'' My legislative language proposes that if at any time, 
fifty percent or more of the Members of the House of Representatives 
are unable to carry out their duties because of death or incapacity, 
each Governor of a State represented by such Member would have the 
power to appoint an otherwise qualified individual to take the place of 
the Member as soon as practicable after certification of the Member's 
death or incapacity. Article I, Section 4, clause I states that ``a 
Majority of each [House] shall constitute a Quroum to do Business.'' 
Accordingly, this extraordinary measure giving a Governor the power of 
appointment of a replacement Member would be triggered, when due to 
death or incapacity, the House would not have a quorum to conduct 
business.

  My proposed amendment requires an individual appointed to take the 
place of the Member to serve until a Member is elected to fill the 
vacancy by a special election to be held at any time during the 90-day 
period which begins on the date of the individual's appointment, except 
that if a regularly schuled general election for the office was 
scheduled to be held during such period or 30 days thereafter, no 
special election would be held, and the Member elected in such 
regularly scheduled general election would fill the vacancy upon 
election. Further, my proposed amendment allows for the appointed 
individual to be a candidate in the special election or regularly 
scheduled general election.
  The Governor would be required to appoint a person of the same party 
as the ``replaced'' member. This stipulation would ensure that the 
citizens of a congressional district would continue to be represented 
by a Congressperson from the same party.
  While I understand that this is an issue we would rather not grapple 
with, it is imperative that we deliberate and ensure that, in case of a 
catastrophe, our system of governance will continue to remain strong 
and stable. Similar legislation has been introduced in the House of 
Representatives. I welcome comments from my colleagues in both the 
House and Senate and look forward to passing meaningful legislation 
when Congress returns from its winter recess.

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