| Home | Bookmark | Tell | Active petitions in over 75 countries | Follow GoPetition |
Amendment 28
Published by Tom Foreman on Feb 15, 2009
Closed on Sep 06, 2010
Closed on Sep 06, 2010
| 11 Signatures |
Target: Members of the Senate and House of Representatives
Region: United States of America
Result:
With only 2 months to go before this year's general election, it has become obvious that the legislation supported by this petition will remain buried among the thousands that have been submitted during the 2009-2010 session of Congress. It is therefore being closed to further signatures effective September 6, 2010.
If similar legislation is submitted again during the 2011-2012 session of Congress, the author will likely follow suit with another petition. However, it's unlikely that another try will fare any better. It's just not an issue that ranks very high on most people's agenda, and it will probably take a lot worse scandal that the one regarding Senator Burris to get us riled up enough to demand that the system be changed.
Respectfully,
Petition Author
If similar legislation is submitted again during the 2011-2012 session of Congress, the author will likely follow suit with another petition. However, it's unlikely that another try will fare any better. It's just not an issue that ranks very high on most people's agenda, and it will probably take a lot worse scandal that the one regarding Senator Burris to get us riled up enough to demand that the system be changed.
Respectfully,
Petition Author
Background (Preamble):
[To view the petition itself, please scroll to the bottom of this page.]
According to the U.S. Senate's own web site, Article 1 of our nation's Constitution required that members of the U.S. House of Representatives would be chosen by the People. It also clearly required that all vacancies in the House would be filled in the same manner:
"When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."
Members of the U.S. Senate, however, were to be chosen by the Legislature of each respective state. Article 1 also provided that:
"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."
125 years later, the 17th Amendment finally required that U.S. Senators would be elected by the people, but it also repeated the original authority for Governors to make temporary appointments:
"until the people fill the vacancies by election as the legislature may direct."
Unfortunately, most states have interpreted "temporary" to mean until the next scheduled statewide election. With such power at their disposal, it's no wonder that many Governors have engaged in deal-making and arbitrary exercises of authority since the 17th Amendment was ratified 96 years ago. At least five appointed themselves and one recently, "... was arrested amid allegations that he attempted to sell Barack Obama's Senate seat." [Former Governor Blagojevich was subsequently impeached and removed from office.]
While witnessing such behavior might be regarded as entertainment in other parts of the world, it's obviously been a deeply shameful and disillusioning experience for most Americans. Fortunately, a small bipartisan group of our elected representatives is trying to put an end to these undemocratic appointments. Led by Democratic Senator Feingold and Republican Congressman Dreier, they are cosponsoring what they hope will become the 28th Amendment.
They face an uphill battle, however, because the Founding Fathers purposely made our nation's Constitution extremely difficult to change. Amendments must not only be passed by at least 2/3 of both the U.S. Senate and House of Representatives, but by 3/4 of our state legislatures as well --- which is the main reason it took us 125 years to gain the right to vote for Senators in the first place!
So please encourage other members of Congress to support Senator Feingold and Congressman Dreier in their bipartisan effort to end the appointment of U.S. Senators by state Governors. Thus far, only THREE of the 100-member Senate and EIGHT of the 435-member House of Representatives have joined them as Cosponsors. That's a long way from the number needed to get the congressional leadership's attention as they decide which of the thousands of bills and resolutions will be voted on (total number during 2007-2008 and thus far during 2009). And it's even farther away from the 2/3 majority it would take to pass it.
Burris-Blagojevich Scandal Updates: Chicago Tribune, Pro Publica, LA Times
According to the U.S. Senate's own web site, Article 1 of our nation's Constitution required that members of the U.S. House of Representatives would be chosen by the People. It also clearly required that all vacancies in the House would be filled in the same manner:
"When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."
Members of the U.S. Senate, however, were to be chosen by the Legislature of each respective state. Article 1 also provided that:
"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."
125 years later, the 17th Amendment finally required that U.S. Senators would be elected by the people, but it also repeated the original authority for Governors to make temporary appointments:
"until the people fill the vacancies by election as the legislature may direct."
Unfortunately, most states have interpreted "temporary" to mean until the next scheduled statewide election. With such power at their disposal, it's no wonder that many Governors have engaged in deal-making and arbitrary exercises of authority since the 17th Amendment was ratified 96 years ago. At least five appointed themselves and one recently, "... was arrested amid allegations that he attempted to sell Barack Obama's Senate seat." [Former Governor Blagojevich was subsequently impeached and removed from office.]
While witnessing such behavior might be regarded as entertainment in other parts of the world, it's obviously been a deeply shameful and disillusioning experience for most Americans. Fortunately, a small bipartisan group of our elected representatives is trying to put an end to these undemocratic appointments. Led by Democratic Senator Feingold and Republican Congressman Dreier, they are cosponsoring what they hope will become the 28th Amendment.
They face an uphill battle, however, because the Founding Fathers purposely made our nation's Constitution extremely difficult to change. Amendments must not only be passed by at least 2/3 of both the U.S. Senate and House of Representatives, but by 3/4 of our state legislatures as well --- which is the main reason it took us 125 years to gain the right to vote for Senators in the first place!
So please encourage other members of Congress to support Senator Feingold and Congressman Dreier in their bipartisan effort to end the appointment of U.S. Senators by state Governors. Thus far, only THREE of the 100-member Senate and EIGHT of the 435-member House of Representatives have joined them as Cosponsors. That's a long way from the number needed to get the congressional leadership's attention as they decide which of the thousands of bills and resolutions will be voted on (total number during 2007-2008 and thus far during 2009). And it's even farther away from the 2/3 majority it would take to pass it.
Burris-Blagojevich Scandal Updates: Chicago Tribune, Pro Publica, LA Times
Petition:
To: Members of the Senate and House of Representatives
We believe the time has come to put an end to scandals like the one surrounding the selection of a Senator for the seat vacated by President Obama. That is why we urge each of you to actively support passage of the following Amendment.* It will close the loophole in our nation's Constitution which has allowed governors to appoint U.S. Senators in the event of a vacancy, thereby ensuring that only those who have been elected by the people will ever represent us in Congress:
"No person shall be a Senator from a State unless such person has been elected by the people thereof. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies.
"This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as a part of the Constitution."
*Senate Bill: Text and Cosponsors; and
Identical House of Representatives Bill: Text and Cosponsors
We believe the time has come to put an end to scandals like the one surrounding the selection of a Senator for the seat vacated by President Obama. That is why we urge each of you to actively support passage of the following Amendment.* It will close the loophole in our nation's Constitution which has allowed governors to appoint U.S. Senators in the event of a vacancy, thereby ensuring that only those who have been elected by the people will ever represent us in Congress:
"No person shall be a Senator from a State unless such person has been elected by the people thereof. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies.
"This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as a part of the Constitution."
*Senate Bill: Text and Cosponsors; and
Identical House of Representatives Bill: Text and Cosponsors
The Amendment 28 petition to Members of the Senate and House of Representatives was written by Tom Foreman and is in the category Politics at GoPetition. Contact author here. Petition tags: amendment 28, 28th amendment, senate appointments, feingold



