Thread: Giffords
View Single Post
Old January 9, 2011, 09:49 PM   #7
gc70
Senior Member
 
Join Date: May 24, 2005
Location: North Carolina
Posts: 2,903
Quote:
From a legal point of view, if Giffords is unable to resume her duties in congress, what happens to her seat?
The only direction in the Constitution is in Article 1, Section 2, Clause 4: "When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies."

There is no provision in the Constitution for removing members of Congress for being unable to perform their duties. Member of Congress remain such until the end of their elected terms unless they die, resign, accept an incompatible office, or are expelled.

Last edited by gc70; January 11, 2011 at 02:10 PM. Reason: added acceptance of an incompatible office
gc70 is offline  
 
Page generated in 0.02786 seconds with 8 queries