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Governors Not Well-Suited to Name Senators -- Paterson, Blago Wield Power Anyway

A BUZZFLASH NEWS ALERT
by Christine Bowman

There must be a better way! Tell us what needs to happen to stop the undemocratic nonsense of one person in isolation picking a U.S. Senator (interim Senator, officially). Where are the checks and balances? Is a national grass-roots movement needed to address this problem of state laws? Join in by commenting below.

The word "debacle" comes to mind in reviewing the processes used recently to replace resigning senators in New York and Illinois. The duty falls entirely to those states' two governors. The same would happen in most other states if a Senate vacancy came up mid-term.

That responsibility became a burden, it seems, to NY Gov. David Paterson, who waited and waited and displayed annoyance at how it ultimately unfolded. Today he named upstate Congresswoman Kirsten Gillibrand after most had expected the appointee to be Caroline Kennedy. In naming Gillibrand, Paterson pointed out that he hadn't asked for the responsibility.

Here's how one analyst described media reaction to Paterson's handling of the appointment:

Paterson Hammered On Senate Process (polhudson)

The newspapers were not friendly to Governor Paterson today over what has been widely viewed as a botched handling of picking a replacement for Hillary Rodham Clinton.

The Daily News’ Bill Hammond said Paterson was wrong in blasting Caroline Kennedy’s credentials yesterday and was indecisive throughout the process, writing “Let Paterson be the last governor to appoint a senator from New York. No one could foul it up better, anyway.”

In Illinois, on the other hand, Gov. Rod Blagojevich jumped at the chance to wield some unfettered power, days after his own defense attorney announced he would not be naming anyone. He named Roland Burris to the seat which Barack Obama had previously held, although Burris had repeatedly lost a long string of elections.

The Illinois governor known as "Blago" has been arrested and finger-printed and is about to be indicted by US Atty. Patrick Fitzgerald and probably also impeached from office. He is accused of trying to sell that vacant Senate seat, and of a range of other ethics lapses and illegal acts -- yet he had the legal authority to do whatever he wanted with the seat. In essence, he put a Black appointee up as a human shield against political fallout to himself, meanwhile claiming that the governor's business "must go on" and insinuating that everything in Illinois politics is just hunky dory. He defied and called the bluffs of every Democrat in the U.S. Senate as well as then-President-elect Barack Obama, as well as most other Illinois voices. Illinoisans are left crossing their fingers in hopes that Senator Burris will serve them honorably.

Would you want that to happen in your state? Are there safeguards to prevent it? Comment here.

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Gillibrand is a terrific choice.

I think that Gov. Paterson made a terrific choice in Kirsten Gillibrand. Check out this assessment of her by a progressive Democrat from her district: http://www.dailykos.com/storyonly/2009/1/23/7820/40076/616/687903 I had a good feeling about it even before I read this account, because MoveOn had supported Gillibrand in 2006, and I made phone calls for her through them. She has taken some fairly conservative positions because she represented a conservative, Republican district, but now that she will represent the whole state of New York, I think her positions will reflect a more progressive point of view. She is an articulate and passionate politician. Personally, I think Carolyn Kennedy was having a moment of menopausal madness (she's 51) and then she suddenly woke up and realized that politics just wasn't for her. As a woman, I was no more pleased about her attempt to jump, unqualified, to the front of the line, than I was about Sarah Palin's. (Of course I was against Sarah Palin for other reasons, too.) I doubt that Paterson ever intended to choose Kennedy, and his thoughtful selection of Gillibrand is proof of that. As a woman, I am pleased to see that a woman is selected who has the political experience and talent for the job.

Amend the 17th Amendment

The 17th Amendment to the US Constitution, ratified in 1913, is remembered as a great victory of the so-called Progressive Era, because it established popular election of Senators. Up until then, Senators were appointed by their state legislature.

Unfortunately, this amendment includes a loophole: "When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct."

The fix is simple, in theory: we need a new amendment to "amend" the 17th, and just remove the words beginning with "Provided". Then the only method available to fill a vacant Senate seat is to hold a special election.

The recent appointments in NY and IL are even worse than the original system; when Senators were picked by state legislatures, reformers called this "undemocratic". Now it's being left up to a single individual - even more undemocratic!!!