The power governors enjoy to appoint replacements to vacant U.S. Senate seats has come under fire in recent weeks thanks to the appointment spectacles in Illinois and New York (among others).
Rachel Maddow, Nate Silver, the Washington Post editorial page, and the great Senator Russ Feingold (among others) are arguing that now is the time to reform this 17th Amendment provision and mandate special elections.
I understand the view. What has happened the past month in New York and Illinois has been awful to watch. Silver has pointed out that appointed Senators have trouble winning re-election.
But I am thankful that our Constitution is hard to amend -- because in our rush to good government, I fear all of these special-election proponents are not placing enough consideration on one of the good elements of the appointment rule: the fact that in the event of a catastrophic event that were to kill most members of the United States Senate, that body could be reconstituted rather quickly.
One of the (many) failures of the Bush Administration lies in its refusal to ensure our government could continue to function after a catastrophic event.
After all of the talk in the wake of the September 11 terrorist attacks about what could have happened in Flight 93 had made it to Washington, D.C., and flown into the U.S. Capitol, our nation has done nothing to prepare for such remote, but important, possibilities.
After September 11, many people began to look at what could be done to recreate our government the event that many of our Senators and Representatives were killed -- like in a terrorist attack. The Brookings Institution even hosted a Continuity of Government Commission.
Alas, little has changed.
If Flight 93 had reached Washignton, D.C., at a time when Congress was in session, the results of that day would have been even more catastrophic. Would we still have a functioning government? How long would it have taken for the House of Representatives, which requires special elections for replacements, to constitute a quorum?
If we are going to reopen the question about the appointment of replacement Senators, we should only do so as part of a larger conversation about what can be done to ensure our government is able to return as quickly as possible under a worst-case scenario. Matthew Yglesias has an interesting idea that special elections are required unless a threshold number of Senators are killed in a terrorist attack or other disaster.
It should be an outrage that our nation has failed to deal with this issue more than seven years after the vulnerability was exposed. If we were to do something now, the Senate appointment dramas we have just witnessed would have some benefit to our Republic.
