House Vacancies: Proposed Constitutional Amendments for Filling Them Due to National Emergencies

Publication Date: April 2004

Publisher: Library of Congress. Congressional Research Service

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Research Area: Government

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Abstract:

The September 11, 2001 terrorist attacks and concern about the possible use of nuclear, biological, chemical, and other weapons against the United States have led some Members to consider proposed constitutional amendments for filling House vacancies if a significant number of Members were unable to serve due to a national emergency. A privately-funded group created to focus on the continuity of government has recommended adoption of a constitutional amendment that would give Congress the authority to provide by law for temporary appointments to fill House vacancies after a catastrophic attack and to temporarily fill the seats of incapacitated House and Senate Members.

During the 107th Congress, proposed constitutional amendments -- H.J.Res. 67, H.J.Res. 77, and S.J.Res. 30 -- would have allowed temporary appointments to the House under prescribed circumstances. The proposals were not the first of their kind. For example, from 1945 through 1962, more than 30 proposed constitutional amendments were offered to provide for filling House vacancies in the event of a national emergency. During this period, hearings were held in the House and Senate, and three measures were passed in the Senate, but none passed in the House.

Supporters contend that such a constitutional amendment is necessary to ensure continuity of the legislative process and the effective representative operations of the House. Opponents argue that it would violate a basic principle of the House, whose Members have been directly elected by the people since its inception. Furthermore, opponents believe continued operations of the House could be effected by changing House rules, rather than by amending the U.S. Constitution. Representative Sensenbrenner has proposed another alternative to amending the Constitution. On July 24, 2003, he introduced a bill -- H.R. 2844 -- that would require states to hold special elections not later than 21 days after the vacancies are announced by the Speaker of the House in extraordinary circumstances.

This report will be updated as events warrant. A related document, CRS Report RL31394, discusses options proposed for temporarily filling multiple House vacancies that could occur due to injury or death of Members resulting from emergency situations. These include amending the Constitution to provide for temporary appointments to the House, enacting federal legislation to require the states to hold expedited special elections, changing House rules to allow for admitting "Emergency Delegates" to the Committee of the Whole, and changing House Rules to allow for "Interim Successors" pre-designated by Members.