2009 SENATORIAL APPOINTMENTS: THE GOOD, THE BAD, AND THE UGLY

By R. A. Pearson

The election of two U.S. Senators to the executive branch after this last election cycle and the appointment and possible appointment of others to cabinet posts within the new administration highlighted another flaw in America’s political system, the system of appointing interim Senators to fill vacancies. During the weeks following the November election America was bombarded with a series of scandals and media fed frenzies over the possibilities of replacements for the vacant seats especially in New York and Illinois. This article will look at the good, the bad, and the ugly points of these appointments, what the Constitution says, and how America could do a better job of filling these vacancies in the future.

The section of the Constitution dealing with the appointment of Senators who have resigned in order to take a position in a new administration is the XVII AMENDMENT proposed by Congress in May 1912 and ratified by the states on April 8, 1913. The amendment also established the direct election of U. S. Senators by the voters of the states. The amendment reads:

“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

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.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”

The problem with recent appointments and the events leading up to these appointments was the total role local, state, party, and national politics played in the choice of at least two of the candidates.

The bad: The jockeying to fill the Senate seat vacated by New York’s Hillary R. Clinton as she left to become Secretary of State was an example of a badly written script played out by a second rate actor in a shabby, off Broadway theater. For several weeks Caroline Kennedy, the princess of Camelot and niece of the former holder of the seat Robert (Bobby) Kennedy, toured the state, meeting with the who’s who of New York politics, openly running for the appointment, while denying she was openly running for the appointment. The New York governor, David Paterson, would have liked to have had Caroline Kennedy on the next ballot despite her inexpierance; her name recognition would help raise money state wide for the Democratic Party and Patterson should he decide to run for governor or another office. However, Patterson was going to have to make a “Sophie’s choice” between Kennedy and State Attorney General Andrew Cuomo, a one time Kennedy in-law, for the Senate seat. Just before the appointment Caroline Kennedy withdrew her name for “personal reasons” and Gov. Patterson appointed Kirsten E. Gillibrand from New York’s 20th Congressional District to the Senate post. Patterson left Cuomo to oppose Gillibrand or himself in the next election.

The ugly: ‘Want’a buy a duck?’ How about a Senate seat? In his attempt to make the most out of President Barack Obama’s 2008 election, Illinois governor Rod Blagojevich was taped by the FBI making statements to the effect he intended to sell the vacated senate seat to the individual who could do him the most political favors, raise the most money, or pay the most cash. As the Illinois legislature was holding hearings and initiating impeachment charges against “Blago” he appointed former Illinois attorney general Roland Burris to fill the seat in open defiance of the legislature. Blagojevich was impeached by the Illinois Senate on January 9, 2009, and then convicted and removed from office on January 29, 2009. The Burris appointment is in question now by the Illinois legislature due to the way Burris answered questions about contact with Blagojevich during the appointment process. It also appears Congressman Jessie Jackson, Jr. may be implicated in the “Blago” net.

The good: When Vice President elect Joe Biden vacated his Senate seat, Delaware Governor Jack Markell filled the seat by appointing a care taker to the post. Markell appointed Ted Kauffman, a longtime member of Biden’s, staff to fill the seat for the two years until the next election. Many political watchers expect Beau Biden, Joe’s son and the State’s Attorney General now serving in Iraq, to run for the seat. If he does, he will have to do it without a leg up as being the incumbent, but he will not have the taint of an questionable appointment process. Beau will also have no political payoffs to answer for.

The unique thing in all states is the Senators will have to run again in 2010 to fill their seats, and ultimately the voters will decide who will be their Senators. It is a shame the American political process, especially processes such as appointing Senators, has now gotten to the point of “Who can help me or the party?” rather than “Who is right for the state and the people?” We keep hearing about parties and politicians, but now people are starting to ask, “Where are the statesmen?” That make be the question American voters really need to ask.