28th Amendment from Feingold?

[rslnerd]

Courtesy of my favourite blog, FiveThirtyEight...

http://www.fivethirtyeight.com/2009/01/feingold-introduces-28th-amendment.html

[The Ex-Factor]

Anyone else think this has a viable chance of happening? It would seem to be a relatively non-partisan issue

[RBH]

No.

Because then you get states who are not represented for the period of months as a Special election is worked out.

Temporary appointments with a special election within 6 months is a workable idea.

[justfollowingtheelections]

It might happen but I'm not really against the current system.  My suggestion instead would be to have special elections in odd years too, not only in even years.  That way an appointee would only keep the position for a year at most.

[muon2]

No.

Because then you get states who are not represented for the period of months as a Special election is worked out.

Temporary appointments with a special election within 6 months is a workable idea.

Why would it have to be 6 months? On average House vacancies are filled within 4 months. IL law specifically requires the House special election to be within 120 days of the vacancy.

[Padfoot]

I really hope this passes.  It seems like it has a good shot starting out since Feingold is the chair of the Subcommittee on Constitutional Amendments.  It seems like a relatively non-partisan issue even though the Democrats are the ones feeling the pain right now.  Hopefully the Republicans have enough foresight to realize they could be in a similar situation in the future.

[emailking]

The issue of course is money. Imagine Boxer or Feinstein dying and CA having to hold a special election. There's nothing in the budget for that. And this ain't exactly a time of prosperity.

[minionofmidas]

Because elections are so expensive.

No.

Because then you get states who are not represented for the period of months as a Special election is worked out.

Temporary appointments with a special election within 6 months is a workable idea.

Why would it have to be 6 months? On average House vacancies are filled within 4 months. IL law specifically requires the House special election to be within 120 days of the vacancy.

Because while most states are sane that way, some aren't. Robert Menendez' house seat sat vacant for the entire year (and yes, money was cited as the reason at the time.) Though presumably they'd learn sanity fast enough if it was Senate rather than mere House representation at stake.

[True Federalist (진정한 연방 주의자)]

I don't this as being likely to pass.  About a third of the States already have provisions for special elections to Senate seats, and the rest could do so if they chose.  None of the Senate appointees so far this year have been particularly bad despite the circus that has accompanied the selection of some of them.  Might get the necessary 2/3 of each house, but no way it passes the required 3/4 of the States.

[jimrtex]

Courtesy of my favourite blog, FiveThirtyEight...

http://www.fivethirtyeight.com/2009/01/feingold-introduces-28th-amendment.html

Congress has the authority under the Constitution to set the time of senatorial and congressional elections, including special elections.

[Rococo4]

im fine with the way it is

[True Federalist (진정한 연방 주의자)]

Courtesy of my favourite blog, FiveThirtyEight...

http://www.fivethirtyeight.com/2009/01/feingold-introduces-28th-amendment.html

Congress has the authority under the Constitution to set the time of senatorial and congressional elections, including special elections.

An argument can be made that Congress doesn't have the authority to set the time of Senatorial special elections.  The Amendment XVII Section 2 trumps Article I Section 4 Clause 1 which I presume you are referring to.

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: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

While it may have been unintentional, that "as the legislature may direct" phrase serves to strip Congress of its Article I Section 4 Clause 1 power over the "The Times, Places and Manner of holding Elections for Senators and Representatives" in so far as that authority would pertain to the holding of special elections for Senate seats.