Jack Maskell
Legislative Attorney
There is no specific protocol or procedure set out in the United States Constitution, federal law, or congressional rule for the Senate or the House of Representatives that has been followed to recognize an “incapacity” of a sitting Member and thereby declare a “vacancy” in such office. Under the general practice in the Senate and in the House of Representatives, a personal “incapacity” of a sitting, living Member has not generated proceedings to declare the seat vacant, and sitting Members of the Senate and the House who have become incapacitated, and who have not resigned, have generally served out their terms of office.
In one instance in the House, a Member-elect who was incapacitated and comatose, and thus could not present herself to take the oath of office (Gladys Noon Spellman, of Maryland), was found not likely to recover, and the House proceeded to declare her seat vacant after the beginning of the new Congress. However, no such precedent exists for a sitting Member of either house of Congress who has taken the oath of office, and a vacancy with respect to such a sitting Member would generally exist only by virtue of resignation, death, acceptance of an incompatible office, or expulsion.
Date of Report: January 18, 2011
Number of Pages: 8
Order Number: RS22556
Price: $19.95
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Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
There is no specific protocol or procedure set out in the United States Constitution, federal law, or congressional rule for the Senate or the House of Representatives that has been followed to recognize an “incapacity” of a sitting Member and thereby declare a “vacancy” in such office. Under the general practice in the Senate and in the House of Representatives, a personal “incapacity” of a sitting, living Member has not generated proceedings to declare the seat vacant, and sitting Members of the Senate and the House who have become incapacitated, and who have not resigned, have generally served out their terms of office.
In one instance in the House, a Member-elect who was incapacitated and comatose, and thus could not present herself to take the oath of office (Gladys Noon Spellman, of Maryland), was found not likely to recover, and the House proceeded to declare her seat vacant after the beginning of the new Congress. However, no such precedent exists for a sitting Member of either house of Congress who has taken the oath of office, and a vacancy with respect to such a sitting Member would generally exist only by virtue of resignation, death, acceptance of an incompatible office, or expulsion.
Date of Report: January 18, 2011
Number of Pages: 8
Order Number: RS22556
Price: $19.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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