[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 57 Introduced in House (IH)]
110th CONGRESS
1st Session
H. J. RES. 57
Proposing an amendment to the Constitution of the United States
relating to Congressional succession.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 2007
Mr. Rohrabacher (for himself and Mr. Baird) introduced the following
joint resolution; which was referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States
relating to Congressional succession.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of each House
concurring therein), That the following article is proposed as an
amendment to the Constitution of the United States, which shall be
valid to all intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several States
within seven years after the date of its submission for ratification:
``Article --
``Section 1. No person shall be a Representative who has not
selected and been elected together with an Alternate Representative.
Alternate Representatives shall serve during the term of their
Representative, and their tenure shall end when a new Representative
and Alternate Representatives are elected for the same constituency.
Such new Representative and Alternate Representative shall assume
office immediately upon election whenever there is a vacancy in the
office of Representative.
``Section 2. Upon the death, resignation, or expulsion of a
Representative, or if at the time fixed for the beginning of the term
of the Representative-elect, the Representative-elect shall have died
or failed to qualify, the duties and powers of the office of
Representative shall be discharged by his Alternate as Acting
Representative until the Representative-elect shall have qualified or
until a new Representative and Alternate Representative are elected.
``Section 3. Whenever the House of Representatives declares that a
Representative is unable to discharge the powers and duties of his
office, or a Representative transmits to the Speaker of the House of
Representatives his written declaration that he is unable to discharge
such powers and duties, such powers and duties shall be discharged by
his Alternate as Acting Representative. Thereafter, when the
Representative transmits to the Speaker of the House of Representatives
his written declaration that no such inability exists, he shall
immediately resume the powers and duties of the office of
Representative.
``Section 4. No person shall be a Senator who has not selected and
been elected together with an Alternate Senator. Alternate Senators
shall serve during the term of their Senator, and their tenure in
office shall end when a new Senator and Alternate Senator are elected
for the same State and class of Senators. Such elected Senator and
Alternate Senator shall assume office immediately upon election
whenever there is a vacancy in the office of Senator.
``Section 5. Upon the death, resignation, or expulsion of a
Senator, or if at the time fixed for the beginning of the term of the
Senator-elect, the Senator-elect shall have died or failed to qualify,
the duties and powers of the office of Senator shall be discharged by
his Alternate as Acting Senator until the Senator-elect shall have
qualified, or until a new Senator and Alternate Senator are elected.
``Section 6. Whenever the Senate declares that a Senator is unable
to discharge the powers and duties of his office, or a Senator
transmits to the President pro tempore of the Senate his written
declaration that he is unable to discharge such powers and duties, such
powers and duties shall be discharged by his Alternate as Acting
Senator. Thereafter, when the Senator transmits to the President pro
tempore of the Senate his written declaration that no such inability
exists, he shall immediately resume the powers and duties of the office
of Senator.
``Section 7. No one who has not been elected Senator or Alternate
Senator may be or act as Senator, except that the legislature of any
State may empower the executive thereof to appoint an Acting Senator in
the absence of a qualified Alternate when there is a vacancy in the
office of Senator, or when, pursuant to section 6 or section 9 of this
article, the Senator has been declared unable to discharge the powers
and duties of his office.
``Section 8. Alternate and Acting Senators and Representatives
shall have the qualifications of Senators and Representatives,
respectively, and each House may punish its Alternates for disorderly
behavior, and with the concurrence of two thirds, expel an Alternate.
``Section 9. In the absence of a quorum for three days or more,
each House may declare all of its members who have not recorded their
presence during such period to be unable to discharge the powers and
duties of their offices. In such a case, such powers and duties of each
such member shall be discharged by the membera=<SUP>TM</SUP>s Alternate
until such member records his presence.
``Section 10. The Congress shall have power to enforce this article
by appropriate legislation.
``Section 11. This article shall take effect at noon on the next
date established by this Constitution for the beginning and ending of
the terms of Senators and Representatives one year after the
ratification of this article, except that qualification to be Senator
in section 4 of this article shall not apply to any person who had
begun his current term of office prior to the effective date of this
article.''.
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