The House of Representatives is expected to vote today on a bill assuring its continued
functioning in case large numbers of its members are killed or incapacitated
in a terrorist attack or other catastrophe, at the same time preserving the
electoral system established by the Founders.
Sponsored by House Judiciary Committee Chairman Rep. James Sensenbrenner,
R-Wis., the "Continuity in Representation
Act," H.R. 2844, would require states to hold special elections to fill
wide-scale vacancies within 45 days after the speaker of the House announces
that "extraordinary circumstances" – defined as 100 or more vacancies in
the House – exist. Candidates for replacements would be nominated to the
ballot by the political parties recognized in various states within 10 days
of such an announcement.
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![]() Rep. James Sensenbrenner, R-Wis. |
"This legislation provides for a functioning House of Representatives and
protects the people's right to elected representation even under the most
tragic of circumstances," Sensenbrenner said
upon introducing his bill last July. "Under this legislation, our
republic will maintain its democratic character and the House will maintain
its 'intimate sympathy with the people,' as James Madison wrote in the
'Federalist Papers,' by remaining a body composed only of those members who
are elected by the people."
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The bill enjoys broad bipartisan support, including the House Leadership and
House Judiciary Committee Ranking Member John Conyers of New York and
Arkansas Democrat Vic Snyder. Co-sponsors include House Rules Committee
Chairman David Dreier, R-Calif., House Constitution Subcommittee Chairman
Steve Chabot, and Reps. Ron Paul, R-Texas, Candice Miller and Tom Cole.
However, the bill has its critics, who complain the proposal is not adequate
and that House Republicans are stifling debate on other suggestions that
deal with the issue of continuity of government following a disaster. These
alternative plans require passage of a constitutional amendment. One
suggestion being floated is to grant the governor of a state the authority
to appoint successors to vacant offices.
Another, by Rep. Brian Baird, D-Wash., is a proposed constitutional
amendment that would allow each House member to designate a replacement to
serve temporarily in the event the member dies or is incapacitated in a
catastrophic event. The replacement would serve until a special election is
held.
Baird, one of H.R. 2844's harshest detractors, views the bill as
"significantly flawed," and is especially critical of what he views as
congressional inaction and failure to come to grips with an important
matter.
"This Congress has now been idle for 2? years, denying full, fair debate on
the issue of its continuity," said Baird at a press conference Tuesday. He said he planned to collect signatures for a discharge petition that would
force the House to debate alternative proposals. He'll need 218.
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Rep. James Langevin, D-R.I., joined Baird in his signature-gathering effort,
saying 45 days was too much time for Congress to remain inactive and not
enough time for states to organize special elections.
But supporters of the Sensenbrenner bill adamantly object to charges that
the House has been sitting on its hands since Sept. 11, 2001, and reject
allegations of inadequate discussion.
Ample debate
"This is something that's been given extremely careful consideration because
of the tremendous importance of it, and there has been ample debate,"
Jessica Boulanger -- press secretary to Republican Party Whip Roy Blunt of
Missouri -- told WorldNetDaily.
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"Has there been floor debate?" she asked yesterday, answering: "That is something
that happens once a bill actually gets to the floor, and tomorrow will be
the first day for floor debate. But as for behind-the-scenes communication
between members in the very bipartisan way that's been happening since 9-11,
and in committee hearings, and behind-the-scenes work in negotiation that
takes place to get to where we're at today, which is a bill that will be
voted on tomorrow -- so there has been a tremendous amount of input both by
Democrats and Republicans."
Proponents of Sensenbrenner's proposal say there is no need to amend the
Constitution and that the problem of continuity can be dealt with
legislatively.
In a letter
dated April 19, the heads of three major House committees – Sennsenbrenner, chairman of House Judiciary; David Dreier, chairman of House
Rules; and Bob Ney, chairman of House Administration – detail the reasons
for their support.
"Unlike other proposals designed to deal with the continuity of Congress …
H.R. 2844 will preserve the people's constitutional right to elected
representation," they write. "The House – uniquely among all branches and
bodies of the entire federal government – is rooted in democratic
principles and those principles must be preserved, always."
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As for the feasibility of holding elections expeditiously, they explain
that this matter was carefully deliberated and expertise was sought.
"The 45- and 10-day time frames are the result of extensive vetting with
state and local election officials," they write. "R. Doug Lewis, Executive
Director of the Election Center – a non-partisan organization representing
the nation's election officials – has stated that 'elections administrators
[from combined responses nationwide] feel that they can conduct an election
within as few as 45 days.' In addition, the Congressional Budget Office has
pointed out, already 10 states – including New York – require special
elections within 45 days in normal circumstances."
Sensenbrenner's bill has been widely promoted by the Liberty Committee – a
nationwide network of grass-roots activists, founded by Ron Paul – which
has spearheaded much of the support at the same time fighting proposals
involving amending the Constitution.
As
WorldNetDaily reported, the Liberty Committee hopes to mobilize the
public into demanding House members support H.R. 2844. The committee's
website features a special program enabling anyone, anywhere in the country
to sign and send letters electronically to his or her representative.
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"Our entire focus is on the legislative process, and everything we do is to
advance the legislative remedy to a problem," says Kent Snyder, executive
director. "We give [people] information and ask them to participate in the
legislative process."
"In this case we're saying: Here is a constitutionally proper, practical
solution to address the potential problems in the future without amending the
Constitution and – underscore this point – always electing House
members, never appointing them."
Earlier stories:
Activists fight plan to 'select' Congress
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