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Sponsor Statement for HJR 31
Powers of US Senate and Emergency Appointments

Relating to requesting the United States Congress to propose an amendment to the Constitution of the United States that would address emergency appointments to and powers of the United States Senate.

The events of Sept. 11, 2001 have demonstrated that a terrorist group bent on destroying our freedom and form of government can threaten our nation.

The framers of the U.S. Constitution never envisioned attacks with weapons of mass destruction against our legislative branch of government, attacks that under current law could for a time deprive the people of their right to representation in the national legislature. Should the unthinkable occur and a majority of representatives be rendered unable to discharge their duties, the U. S. Constitution is silent on the issues of emergency appointments and interim legislative power.

House Joint Resolution 31 respectfully requests the U. S. Congress to propose and submit to the states an amendment to the U.S. Constitution that would establish procedures to ensure that Congress could continue to function in the aftermath of an emergency, such as a major natural disaster or attack.

The proposed amendment might establish procedures whereby, if a majority of the seats in the U. S. Senate became vacant, the legislatures of each of the states with vacant seats would make appointments within 10 days to fill those vacancies. The proposed amendment might also permit the Senate to exercise temporarily all of the powers of the Congress if a majority of the seats in the House of Representatives were to become vacant. It might also establish procedures under which the Senate could act temporarily as a unicameral body until vacancies in the House were filled.

While there may be other ways to ensure the nation's legislative branch of government could operate until the next election following an emergency, HJR 31 seeks to spur discussion leading toward any workable solution.

It is unfortunate that we even have to consider such contingencies, but one of the best responses to terrorist threats is to guarantee the continued operation of our republic that apparently arouses such enmity and hatred elsewhere in the world.

SO/wc 1/22/02

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