The Senate subcommittee and committee concluded, based on its hearing and review, that “the term of service of a Senator appointed to fill a vacancy in an unexpired term ends on the day when his successor is elected by the people.” 1939 Congressional Record, p. 998. There was evidently no controversy among either the subcommittee or full committee regarding this legal conclusion, and the committee then presented a resolution to the Senate for adoption, expressing the view that Berry’s term of service expired on November 8, 1938, the date of the special election. As Senator Connally, a member of the subcommittee, explained to the Senate, the fact that the Tennessee statute purported to extend Berry’s term until the qualification of his successor was of no force because the statute was “plainly in conflict with the provisions of the seventeenth amendment.” Accordingly, the Senate adopted the proposed resolution without dissent. 1939 Congressional Record, p. 1058.
Based on this authority, it would appear that a valid point of order could be raised as to Senator Kirk’s participation in Senate proceedings after January 19, 2010.
Big Government gets the last word:
Why is the GOP allowing the Democrats to blatantly violate Senate and election rules and laws? Where is the GOP leadership? Will Kirk’s votes stand? Massachusetts voters deserve an explanation as does the rest of the country for this blatant abuse of power.
Good questions.
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