Law Professor Stephen Sachs Discusses Possible Ambiguity on Whether California’s New U.S. Senator Meets the Constitutional Residency Qualification

On October 1, Sunday, California Governor Gavin Newsom revealed that he is appointing Laphonza Butler to fill the vacancy in the U.S. Senate created by the death of Dianne Feinstein. However, Butler is registered to vote in Maryland. Article One of the U.S. Constitution has a residency requirement for members of Congress that applies when the member is elected. Law Professor Stephen Sachs writes here about the legal ambiguity concerning the appointment. Thanks to ElectionLawBlog for the link.


Comments

Law Professor Stephen Sachs Discusses Possible Ambiguity on Whether California’s New U.S. Senator Meets the Constitutional Residency Qualification — 10 Comments

  1. What Newsom could do is support VP Harris for US Senate. Then, the VP is vacant, and he could be nominated by the Dems for VP.

  2. 25-2 AMDT –

    REPLACEMENT USA VP VIA BOTH HOUSES OF THE MINORITY RULE USA CONGRESS.
    —-
    QUALIFS – SHOULD APPLY DURING TERM OF OFFICE.

    QUALIF SHOULD ONLY BE BEING A REGISTERED ELECTOR — NOOO AGE / LOCAL RESIDENCE, ETC STUFF.

  3. MORE/LESS DANGER WITH CALHOUN AS VP OR SENATOR ???

    SLAVE STATES POWER PEAKED CIRCA 1830

    FREE STATES POWER INCREASED WITH RAILROADS / TELEGRAPHS / STEEL IN 1830-1860.

  4. “Harris wouldn’t be interested. Why would she want to move down?”

    IMO, to be a full voting Senator with a 6 year term is a move UP from Vice President.

  5. Don’t be silly. Harris is an 80-year-old heartbeat away from potentially becoming President at any given moment. No way she gives up that position.

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