February 23, 2020

Overcoming A Congressional Massacre

The shooting today inward Virginia raises a constitutional number that comes upward periodically as well as should hold upward addressed amongst an Article Five amendment.

Suppose nearly of the members of the House of Representatives were killed inward a terrorist develop on (either domestic or foreign). There is solely 1 constitutional mode to supersede these dead members--a exceptional election called yesteryear each affected country for the vacancies. This process, though, would direct maintain months.  In the interim, the surviving members of the House (even if at that spot were, say, solely 20 left) would hold upward forced to human activity equally the House as well as consider emergency legislation inward the wake of that crisis. The Senate, does non confront this problem. Deceased Senators tin hold upward replaced (under the Seventeenth Amendment) yesteryear an engagement from the Governor of their state, though country constabulary tin direct to involve a exceptional election instead.

Consequently, many scholars as well as members of Congress direct maintain proposed that the Constitution hold upward amended to rank that if a volume vacancy occurred inward the House, thence Governors would hold upward able to appoint interim replacements. In 1960, such an amendment was proposed due to the describe was that a nuclear bomb would incapacitate the House. After 9/11, the proposal was revived inward the wake of the failed evidence to blow upward the Capitol.

These Article Five amendment proposals direct maintain never received the necessary back upward inward Congress.  Perhaps that is because the sentiment that all House members must hold upward elected is considered sacrosanct. Or peradventure it is because the sentiment that such a disaster would occur seems likewise far-fetched.  Neither is true.  Hopefully activity tin hold upward taken earlier the crisis is upon us.

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