[Congressional Record Volume 150, Number 35 (Thursday, March 18, 2004)]
[Extensions of Remarks]
[Page E412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCING CONSTITUTIONAL AMENDMENT TO ADDRESS CONTINUITY OF CONGRESS 
                                 ISSUE

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                          HON. JOHN B. LARSON

                             of connecticut

                    in the house of representatives

                        Thursday, March 18, 2004

  Mr. LARSON of Connecticut. Mr. Speaker, today I rise to offer what I 
believe is a necessary solution to a problem not addressed in our 
Founding Fathers' plan for our country's government.
  I recently introduced a Constitutional Amendment to address the issue 
of how Congress would continue should a catastrophic event occur. Under 
this proposal, if a majority of House members are killed or 
incapacitated as a result of such an event their seats could be 
immediately filled by temporary appointments made by state 
legislatures. We need look no further than the Continental Congresses 
and Constitutional Convention, to understand that such a temporary 
solution would be successful. I believe that a functional House, even 
in a temporarily modified form, is far better than no House at all.
  The temporary appointments would be afforded full Member powers, 
until vacancies are filled by a special election. However, a temporary 
Member could not be a candidate in the election for the seat he or she 
holds, and the temporary Member must be of the same political party as 
the Member who previously held the seat.
  There is no way the Founders could have foreseen the need to address 
such an issue. The terrorist acts that take place nearly every day 
across the globe were not a part of their world. That's why I believe a 
Constitutional Amendment is necessary to enable the House to 
reconstitute itself as quickly as possible.
  We have amended the Constitution to address presidential succession 
and the appointment of Senators in the case of vacancies, but the House 
has no such constitutional safeguard in the event of a catastrophe. 
That doesn't make sense. If the Senate can accept an appointment to 
fill an entire term, then a temporary appointment should not be that 
offensive to the concept of democracy, and therefore, should be 
acceptable for the House.
  I offered this Constitutional amendment (H.J. Res. 89), because I 
believe that proposals to expedite special elections and make temporary 
appointments are not mutually exclusive. I support the idea of a new 
statute that seeks to expedite special elections and fill House seats 
quickly in the event of a catastrophe, but this needs to be done in 
concert with a Constitutional Amendment for temporary replacements and 
with respect for views of the states.
  As for other proposals that address this issue only through expedited 
special elections, I am certainly willing to review any compromise 
opportunities. However, I do not believe, nor does the secretary of 
state from my home state of Connecticut believe, that it is reasonable 
to expect that we can hold special elections within 45 days after a 
disastrous event has wiped out hundreds of Members. Also, expedited 
special elections won't reconstitute the House fast enough to deal with 
pressing legislative matters.
  The tragic events of September 11, 2001 taught us that Congress needs 
to act quickly on critical pieces of legislation to deal with the 
aftermath of a crisis. Should such an event occur again and many 
Members of Congress die, the country will not have the luxury of 
waiting for special elections to occur in order for the people's 
business to continue. To avoid taking action now to prevent this 
scenario would be a dereliction of our duty.
  My proposed Constitutional Amendment also addresses vacancies created 
by the incapacity of a Member of the House, which cannot be addressed 
by a mere statute. The article would become part of the Constitution if 
ratified by the legislatures of three-fourths of the states within 
seven years of the date of its submission to them.
  As a former history teacher and long-serving member of the 
Connecticut State Senate, I feel very strongly about the need to 
preserve the institution of Congress. In December, I held a Continuity 
of Congress Forum at the University of Connecticut School of Law in 
Hartford, Connecticut. I invited local academic leaders, who are 
experts in Congressional operations, to discuss current House proposals 
about how Congress would continue should a catastrophic event occur.
  Mr. Speaker, I urge my colleagues to join me in supporting this 
Constitutional Amendment. This is certainly an issue that is difficult 
for all of us to address--our untimely demise or incapacitation. Yet, 
given the level of terrorist activity in our world, it would behoove us 
to recognize that we need a mechanism for temporary appointments should 
a catastrophic event occur in the House of Representatives.

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