ARTICLE I, SECTION 2 "When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies." The governor of a state must fix the time for holding an election to fill a vacancy, and this power cannot be delegated. Graffin, 1 Bart. El. Cas. 464. Election to Serve a Special Term.- Where vacancies existed in a state's representation in the House of Representatives, and an election was held under the governor's proclamation, to choose representatives to serve during a special session of Congress convened by the President, it was held that such members were not entitled to hold office beyond the special session. Gohlson, 1 Bart. El. Cas. 9. A resignation of a member of the House of Representatives addressed to the governor of his state operates to vacate his office, no notice of its acceptance being necessary. Bledsoe, Cl. & H. El. Cas. 869. "The executive authority of a state may receive the resignation of a member of the House of Representatives, and issue writs for a new election, without waiting to be informed by the House that a vacancy exists in the representation of that state." Mercer, Cl. & H. El. Cas. 44; Edwards, Cl. & H. El. Cas. 92. [343] ARTICLE I, SECTION 2 "The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.'' The House of Representatives has the sole right to impeach officers of the government, and the Senate to try them. Where the question of such impeachment is before either body acting in its appropriate sphere on that subject, they have the right to compel the attendance of witnesses, and their answers to proper questions, in the same manner and by use of the same means that courts of justice can in like cases. Kilbourn v. Thompson, (1880) 103 U. S. 190, 26 U. S. (L. ed.) 377. [344] ARTICLE I, SECTION 3 "The Senate of the United States shall be composed of two senators from each state, chosen by the legislature1 thereof, for six years; and each senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. The Vice-President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a president pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States." I. "CHOSEN BY THE LEGISLATURE THEREOF," 346. 1. By a Legislature Elected by Fraud, 346. 2. By Rival Legislatures, 346. 3. By Territorial Legislature Before Formal Admission, 346. 4. By Primary, 346. 5. While State in Insurrection, 346. 6. During Existence of Provisional Government, 347. 7. After Reconstruction, 347. 8. Majority Elected Constitutes a Quorum, 347. 9. Election by Minority, 347. 10. Right of Legislator to Vote for Himself, 347. II. APPOINTMENTS BY EXECUTIVE, 347. 1. In General, 347. 2. Reappointment of Sitting Senator, 348. 3. Until Next Meeting of the Legislature, 348. 4. Session Intervening Between Resignation and Appointment, 348. 5. Vacancy Not Existing at Time of Appointment, 349. Under Seventeenth Amendment Senators are Elected by the people. III. QUALIFICATIONS OF SENATORS, 349. 1. Citizenship, 349. 2. "An Inhabitant of That State," 349. 3. Power of States to Add to Qualifications, 349. I." Chosen by the Legislature Thereof " 1. By a Legislature Elected by Fraud.-A senator elected by a legislature which was itself elected by fraud and intimidation, and influenced by bribery, is not legally elected or entitled to be seated in the Senate. The Louisiana Cases, Taft El. Cas. 426. $ 2. By Rival Legislatures. Where each of two rival legislatures, one more nearly approaching a de facto, and the other more nearly approaching a de jure legislature, but in neither of which is a majority of legally elected members, elects senators, neither of such senators can claim a legal election, and both will be denied a seat. The Louisiana Cases, Taft El. Cas. 426. As between rival legislatures by which senators have been elected that legislature having a quorum of persons actually elected will be regarded as the legal one. Sykes v. Spencer, Taft El. Cas. 556. 3. By Territorial Legislature Before Formal' Admission. As to whether or not a senator elected by the legislature of a territory being erected into a state, and prior to its formal admission into the Union, is a senator entitled to a seat in the Senate, see Shields, Taft El. Cas. 187. 4. By Primary.-A state law providing for the nomination of party candidates for the office of United States senator at a primary election is valid. State v. Blaisdell, (1908) 118 N. D. 55, 119 N. W. 141, 138 Am. St. Rep. 741, 24 L. R. A. (N. S.) 465; State v. Frear, (1910) 142 Wis. 320, 125 N. W. 961, 20 Ann. Cas. 633. 5. While State in Insurrection. Where a state is in rebellion against the Union and its affairs are subjugated to military rather than civil authority, it cannot be said to maintain that republican form of government which the Constitution requires the United States to guarantee to every state in the Union. Hence, senators elected under such conditions are not entitled to seats in the Senate. Fishback, Taft El. Cas. 240; Cutler, Taft El. Cas. 248. 6. During Existence of Provisional Government.- Senators elected during the existence of a provisional government over a state, incident to the reconstruction of the Union after the civil war, were not entitled to be seated. Jones, Taft El. Cas. 282. On February 23, 1870, the credentials of Mr. Revels were presented. A resolution was submitted that they be referred to the committee on judiciary with instructions to inquire whether he had been nine years a citizen of the United States, and whether the person certifying to his election was the governor of the state. Mr. Revels's credentials were signed by Adelbert Ames, brevet major-general, United States army, provisional governor of Mississippi. The Act of July 25, 1866, provided "that it shall be the duty of the governor of the state from which any senator shall have been chosen as aforesaid, to certify his election," etc. It was contended that this was not such a certificate as was required by that Act. It was also contended that Mr. Revels, being partly of African blood, had not been nine years a citizen of the United States; that he was not a citizen at birth, following the decision of the Dred Scott case; that he became a citizen only on the ratification of the Fourteenth Amendment in 1868. After debate, the motion to refer the credentials was determined in the negative, and Mr. Revels took the oath of office February 25. Revels, Taft El. Cas. 312. 7. After Reconstruction.-An election of senators held by a state legislature after the passage of the Reconstruction Act, but prior to the Act declaring such state entitled to representation in Congress, was valid. Hart v. Gilbert, Taft El. Cas. 320; Reynolds v. Hamilton, Taft El. Cas. 323. 8. Majority Elected Constitutes a Quorum.- Where at an election of members of a state legislature there is a failure to elect the full number provided for by law, a majority of those elected, though a minority of the whole number provided for by law, will constitute a quorum for the transaction of business and may legally elect a senator. Corbin v. Vutler, Taft El. Cas. 582. 9. Election by Minority. A minority cannot elect a senator, even though the majority wilfully votes for one known to be ineligible. Ransom v. Abbott, Taft El. Cas. 338. 10. Right of Legislator to Vote for Himself.-A member of the legislature is authorized by his office to vote for himself for senator, and an election thus secured is valid. Bateman, Taft El. Cas. 96. 1. In General. II. Appointments by Executive During a recess of the state legislature it is competent for the governor of a state to appoint one to fill a vacancy in the office of senator. |