General Discussion
In reply to the discussion: I'm no attorney, but I feel like a federal judge could order the hospital to report on McConnell's condition. [View all]DetroitLegalBeagle
(2,544 posts)There is no structural way to ensure a Senate seat is always occupied. There is no line of succession for a Senate seat. Vacancies happen due to death or resignation or expulsion. Article 1 states "The Senate of the United States shall be composed of two Senators from each State." which means the Senate is made of 2 Senators from each state. it does not, in any way, state that the seats be occupied at all times. The 17th Amendment explicitly recognizes that vacancies happen and lays out how they are to be handled which means the the seats can sit empty until the vacancy is filled. Its ridiculous to interpret Article 1 as a requirement to have 2 living Senators at all times because that means the resignation, expulsion, or death of a Senator is technically Unconstitutional with that interpretation.