#Politics
Target:
Members of the Senate and House of Representatives
Region:
United States of America

Updates Regarding This Background Section's Video

2011: Former Governor Blagojevich was sentenced to 14 years for corruption.

2020: The sentence for Former Governor Blagojevich was commuted by President Trump.

[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 not to be chosen by their fellow citizens. Instead, they would be selected by the Legislature of each respective state. Article 1 also provided that when vacancies occur "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."

It was not until over 100 years after the Constitution was ratified that we the people obtained the right to vote for senators directly, by means of the 17th Amendment. Unfortunately, it retained the original authority for Governors to make temporary appointments "until the people fill the vacancies by election as the legislature may direct."" And most states have interpreted temporary to mean until the next scheduled statewide election. So unlike when vacancies occur in the House of Representatives, most Governors have the power to appoint whomever they please to fill these temporary vacancies.

And with such power at their disposal, it's no wonder that many Governors have abused it in shameful ways since the 17th Amendment was ratified 96 years ago. For example, at least nine effectively appointed themselves and one recently was arrested amid allegations that he attempted to sell Barack Obama's Senate seat:

This has naturally become an issue of deep concern to those of our fellow citizens who live in Illinois, where this most recent scandal has occurred. But I believe it should be of just as much concern to the rest of us. Because there have already been over 180 gubernatorial appointments of senators since the 17th amendment was enacted, and there will undoubtedly be many, many more in the years to come. So, as citizens of the modern world's leading democracy, I think we have both the right and the responsibility to ensure that such abuses of power never occur again.

Fortunately, a small bipartisan group of those elected to serve us is trying to put an end to these undemocratic appointments. Led by Democratic Senator Feingold and Republican Congressman Dreier, they are supporting legislation that they hope will become the 28th Amendment: Senate, House of Representatives. They face an uphill battle, however, because the Founding Fathers purposely made our nation's Constitution extremely difficult to change.

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 actually be voted on this year. And it's even farther away from the 2/3 majority it would take to pass it.

For more background on this issue, please consider this favorable editorial from the NY Times, as well as this more in-depth one from FiveThirtyEight.

P E T I T I O N

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 replacement for the Senate seat previously occupied by President Obama. That is why we urge each of you to become cosponsors of the following constitutional amendment, and to actively support its passage in other ways as well:

"Section 1.. 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.

"Section 2. 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
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.