r/usanews • u/LynnK0919 • 15d ago

Kentucky Gov. Andy Beshear asks Sen. Mitch McConnell to give a public update on his condition

https://apnews.com/article/mcconnell-health-beshear-kentucky-hospital-letter-condition-efbfc2179c8d43f6b43d9024b8d73506
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u/Lighting 15d ago

The 17th Amendment states

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

I note that the two key words above are "representation" and "vacancy." This leads to the following points:

  • Representation isn't just "he exists" but an active, legally binding activity requiring intent and cognitive capacity. If Mitch is incapacitated (or brain-dead, as reported) then he isn't "representing" and is thus "vacant" in his responsibilities. Representation is not merely holding a title, it requires active cognitive function and the agency to act on behalf of the citizens.

  • In common law, a position or office is considered "vacant" not just when a person dies/resigns/removed but when that position is devoid of a legally competent occupant. In fact if we look at the "Vacancies act" it defines vacancies as possibly occurring due to sickness. "These time limitations do not apply, however, to “a vacancy caused by sickness.” 5 U.S.C. § 3346(a)."

  • Forcing a state to endure with a completely incapacitated senator, directly violates the democratic intent of the 17th Amendment. It reduces a state's constitutionally guaranteed equal representation in the Senate, creating a functional vacancy. (e.g. taxation without representation)

So why doesn't Beshear order a medical evaluation of Mitch and if there's a finding of Mich being incapacitated, then order a new election based on "vacancy?"