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Originally, when the [[United States Constitution]] was ratified in 1789, it called for the election of members of [[United States Senate]] by [[state legislature (United States)|state legislatures]].{{cn}} Open Senate seat vacancies that resulted from a senator’s death, resignation, or removal were typically filled by the state legislature, but the governor sometimes appointed temporary senators when the legislature failed to do so {{tqi|did they really? we’ll see…}}.{{cn}} |
Originally, when the [[United States Constitution]] was ratified in 1789, it called for the election of members of [[United States Senate]] by [[state legislature (United States)|state legislatures]].{{cn}} Open Senate seat vacancies that resulted from a senator’s death, resignation, or removal were typically filled by the state legislature, but the governor sometimes appointed temporary senators when the legislature failed to do so {{tqi|did they really? we’ll see…}}.{{cn}} |
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The first time a governor attempted to fill a vacant Senate seat was in 1794, when [[Delaware]] governor [[Joshua Clayton]] appointed [[Kensey Johns (judge)|Kensey Johns]] to replace [[George Read]], |
The first time a governor attempted to fill a vacant Senate seat was in 1794, when [[Delaware]] governor [[Joshua Clayton]] appointed [[Kensey Johns (judge)|Kensey Johns]] to replace [[George Read]], had resigned from the Senate on September 18, .<ref name=”first-appointment”>{{cite news |title=Stealing a senator |url=https://www.newspapers.com/article/the-evening-journal-stealing-a-senator/184218120/ |access-date=3 November 2025 |work=[[The News Journal|The Evening Journal]] |date=12 November 1888 |pages=3 |via=[[Newspapers.com]]}}</ref>{{sfn||||=}} The Senate voted 20 to 7 in refusing to seat Johns, reasoning that Clayton’s appointment was unconstitutional. The vacancy was not filled until [[Henry Latimer]], who was elected by the state legislature, was seated on February 7, 1795.{{sfn|Clem|1966|p=56|loc=n. 10}}{{sfn|Butler|Wolff|1995|pp=6-7}} |
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Upon its ratification in 1913, the [[Seventeenth Amendment to the United States Constitution]] allowed state legislatures to “empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct”.<ref>{{harvnb|Kohn|1974|p=294}}. Quoting U.S. Const. amend. XVII.</ref> |
Upon its ratification in 1913, the [[Seventeenth Amendment to the United States Constitution]] allowed state legislatures to “empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct”.<ref>{{harvnb|Kohn|1974|p=294}}. Quoting U.S. Const. amend. XVII.</ref> |
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Latest revision as of 04:41, 3 November 2025
Appointments to the United States Senate are made under the Seventeenth Amendment to the U.S. Constitution, which allows the governor of a U.S. state to temporarily fill vacancies that open in the middle of a senator’s term through death, resignation, or removal. blah blah blah blah
Background and history
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Originally, when the United States Constitution was ratified in 1789, it called for the election of members of United States Senate by state legislatures.[citation needed] Open Senate seat vacancies that resulted from a senator’s death, resignation, or removal were typically filled by the state legislature, but the governor sometimes appointed temporary senators when the legislature failed to do so did they really? we’ll see…
.[citation needed]
The first time a governor attempted to fill a vacant Senate seat was in 1794, when Delaware governor Joshua Clayton appointed Kensey Johns to replace George Read,[a] after the state legislature had failed to do so.[2] The Senate voted 20 to 7 in refusing to seat Johns, reasoning that Clayton’s appointment was unconstitutional. The vacancy was not filled until Henry Latimer, who was elected by the state legislature, was seated on February 7, 1795.
Upon its ratification in 1913, the Seventeenth Amendment to the United States Constitution allowed state legislatures to “empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct”.[4]
- The ones that run for reelection
- The ones that win
- The ones that don’t
- The seat-warmers
- The self-appointments
Political success of appointed senators
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above heinonline source
Notes and references
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- ^ Read had resigned from the Senate on September 18, 1783.
- Butler, Anne M.; Wolff, Wendy (1995), United States Senate election, expulsion, and censure cases, 1793–1990, Washington, D.C.: Government Printing Office, retrieved January 19, 2025 – via HathiTrust
- Cooper, Christopher A.; Knotts, H. Gibbs; Ragusa, Jordan (2016), “The constrained governor: Exploring gubernatorial decision-making on Senate appointments”, Political Research Quarterly, 69 (3): 482–494, JSTOR 44018549
- Clem, Alan L. (1966), “Popular representation and Senate vacancies”, Midwest Journal of Political Science, 10 (1): 52–77, doi:10.2307/2108787, JSTOR 2108787
- King, James D. (October 1, 1999), “Running on their own: The electoral success (and failure) of appointed U.S. senators”, American Politics Quarterly, 27 (4): 434–449, doi:10.1177/1532673X99027004003, retrieved November 3, 2025
- Kohn, Walter S. G. (1974), “Filling vacancies in the U.S. Senate: An undemocratic relic”, Policy Studies Journal, 2 (4): 294–297, doi:10.1111/j.1541-0072.1974.tb00416.x, retrieved November 3, 2025
- Morris, William D.; Marz, Roger H. (1981), “Treadmill to oblivion: The fate of appointed senators”, Publius, 11 (1): 65–80, JSTOR 3329645
- Tran, Ari (January 1, 2011), “Gubernatorial discretion not advised: The case for special elections to fill Senate vacancies”, Brooklyn Law Review, 76 (3), retrieved November 3, 2025
- “Appointed Senators (1913–present)”, United States Senate, retrieved November 3, 2025
- Rudin, Ken (September 8, 2009), “When governors appoint themselves to the Senate”, NPR, retrieved January 24, 2025
- Neale, Thomas H. (April 12, 2018), U.S. Senate vacancies: Contemporary developments and perspectives (PDF) (Report), Congressional Research Service, retrieved November 3, 2025

