Overview
Title
Proposing an amendment to the Constitution of the United States to temporarily fill vacancies in the House of Representatives to further the continuity of Congress.
ELI5 AI
If someone who works in the big group of people that make laws suddenly can't do it anymore, this plan says they can pick a helper from a list they chose earlier to do it for a little while until someone new is chosen in a special vote. This way, there's always someone there to help make good choices for everyone.
Summary AI
The joint resolution, H. J. RES. 118, proposes an amendment to the U.S. Constitution to ensure that vacancies in the House of Representatives are filled quickly if a member dies. Each elected Representative must create a list of at least five qualified individuals who could take their place if they die before their term ends. If a Representative passes away, the state's chief executive must select someone from this list within 10 days, and this person will serve as a Representative until a special election is held. The designee will have full rights and responsibilities as a temporary member of the House during this period.
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AnalysisAI
Summary of the Bill
The proposed amendment, formally designated as House Joint Resolution 118, seeks to address the issue of vacancies in the United States House of Representatives. If a Representative passes away during their term, the resolution outlines a process for temporarily filling that vacancy to maintain the continuity of Congress. According to the proposed process, each Representative will provide a list of at least five potential candidates who meet the qualifications for serving in the House. In the event of a Representative's death, the state's chief executive will select a temporary replacement from this list within ten days. This appointee will serve until a new Representative is elected through a special election.
Significant Issues
One of the central concerns surrounding this resolution involves the transparency and selection process of potential replacements, or "designees." There are worries that this approach might allow for political favoritism or manipulation, as the criteria and process for selecting these designees are not well-defined. The document also does not provide a mechanism to ensure the list of designees stays current and relevant, raising questions about the potential for using an outdated or inappropriate list.
Additionally, the resolution allows appointed designees to exert full legislative powers without electoral validation, which introduces concerns regarding accountability and democratic representation. The requirement for state chief executives to fill the vacancy within ten days could further lead to rushed decisions or inadequate public scrutiny. The bill does not clarify the course of action if none of the designees are available or willing, creating potential gaps in representation and administrative challenges.
Impact on the Public
For the general public, this resolution might be seen as a mixed bag. On one hand, ensuring the continuity of Congress is crucial, especially for maintaining legislative momentum and stability during unforeseen circumstances. On the other hand, the lack of direct voter input in the interim appointment process might be perceived as undermining democratic principles. This aspect could lead to public discontent or mistrust regarding how Representatives are selected and ultimately who holds the decision-making power in the interim.
Impact on Stakeholders
Representatives and Political Parties:
For current Representatives and political parties, the resolution may offer a practical solution to the problem of unexpected vacancies. By allowing Representatives to essentially "pre-approve" their successors, parties could theoretically maintain political control and policy continuity. However, the process could also introduce internal party conflicts over the initial selection of designees, especially if different factions within a party hold divergent preferences.
State Governments:
The resolution places an administrative burden on state governments, particularly the offices of state chief executives tasked with executing these temporary appointments within a tight timeframe. The efficiency and fairness of this process could vary widely depending on the state and political environment.
Voters:
Voters could experience a sense of disempowerment due to the temporary bypass of a democratic election for the appointment of representatives. While special elections ultimately restore voter involvement, the resolution's temporary measures might cause dissatisfaction among constituents who prefer having their voice heard in all stages of representation.
In conclusion, while the proposed amendment addresses a practical need for congressional continuity, it raises numerous questions about transparency, voter disenfranchisement, and the potential for political maneuvering. Ensuring these issues are addressed would be crucial to balancing governmental efficiency with public trust and democratic accountability.
Issues
Section 1 raises transparency and political maneuvering concerns, as it might allow for favoritism in selecting designees. The process and criteria for selecting and maintaining designees are not clearly defined, which can lead to opacity and potential manipulation in the selection process.
In Section 2, the 10-day time frame for a chief executive to select a designee may not be adequate for thoughtful consideration, especially if the list of designees is outdated. This short time frame could lead to hasty decisions without proper vetting or public scrutiny.
Section 3 suggests that designees will serve with the same full powers as elected Representatives without being elected by the constituents, raising serious concerns about accountability and democratic representation.
The text across Sections 1 and 2 lacks clarity regarding the maintenance and updating of the list of designees. There is no system in place to ensure that designees remain eligible and available, which is problematic if those on the list become ineligible or unwilling to serve.
The resolution does not address what happens if all designees are unavailable or unwilling to serve, creating potential operational issues and gaps in representation. This ambiguity is not addressed in any section and could impede the function of Congress.
The potential for diminishing voter power is an issue, as Section 2 allows for an appointed individual to temporarily fill a vacancy without a public election. This could be perceived as undermining democratic principles until a special election is conducted.
Section 3's lack of specificity on the mechanism for notifying Congress or the public about changes to the list of designees creates a risk of non-transparency, which could lead to public mistrust or allegations of backdoor politics.
The role and authority of the Speaker of the House in 'immediately' filling vacancies are not well-defined in Section 2, potentially allowing for overreach or misuse of authority which could lead to controversies or legal challenges.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
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Summary AI
The proposed amendment requires elected Representatives to list potential replacements in case they die while in office. If a Representative dies, the state's chief executive must choose a replacement from this list within ten days, and the new appointee will serve temporarily until a special election is held.
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Summary AI
An elected Representative must give the House a list of at least five qualified people who can take their place if they die before their term ends.
2. Read Opens in new tab
Summary AI
In the event of a Representative's death, the State's chief executive must choose a temporary replacement from a list provided by the Representative within 10 days. The replacement serves until a new election is held.
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Summary AI
During a period of service under section 2, an individual is treated as a member of the House of Representatives, following all applicable laws and rules. If this individual dies, the state's chief executive will choose a replacement from a list of designees, and the Speaker of the House will appoint this person to fill the vacancy.