Governors Filling Senate Vacancies Is a Bad Idea

Today's arrest of Democratic Illinois Governor Rod Blagojevich for apparently attempting to sell the former Senate seat of President-elect Barack Obama is the latest, and by far the loudest, reminder that allowing governors to fill vacated Senate seats is a bad idea.

Aside from Obama's seat, two other senate vacancies--Secretary of State nominee Hillary Clinton and Vice President-elect Joe Biden's seats--and one potential vacancy--Alaska Senator Ted Stevens--have become sideshows this election season. The problem is, as Blagojevich so profanely put it, "I've got this thing and it's (expletive) golden." He went on to say, "and I'm just not giving it up for (expletive) nothing."

Blagojevich is right. The ability to hand out a free Senate seat is golden. Perhaps too golden for one person in a democracy. Even if you're not selling the seat, the temptation to please the masses by giving the seat to one of the most popular people in a particular state is intense.

Nepotism is also a concern. Two of Clinton's potential replacements, former President Bill Clinton and rumored likely pick Caroline Kennedy--smack of nepotism. The potential selection of Kennedy has even drawn fire from blogs on the left. Jane Hamsher of Firedoglake wrote, "Simply being well-known and a member of the "American nobility" in a celebrity-driven society shouldn't be enough to axiomatically entitle her to be a member of the US Senate."



In the case of Biden's Delaware Senate seat, controversy raged as rumors flew that Biden's son, state Attorney General Beau Biden, would be appointed to his father's seat. Instead, Beau Biden continued serving in the National Guard. Still, Delaware Governor Ruth Ann Minner appointed Biden's longtime aide Edward "Ted" Kaufman, who is widely expected to step aside, allowing Beau Biden to run for his father's former seat in 2010.

In Alaska, the long delayed result of the race between convicted Republican Senator Ted Stevens and his Democratic opponent Mark Begich fueled days of speculation that Alaska Governor Sarah Palin would step down as governor so that her Lieutenant Governor could then select Palin to fill Stevens seat if he resigned or was expelled from the Senate. The scenario became irrelevant when Begich eventually emerged victorious over Stevens.

The reason Alaska's process for filling their Senate seat would require Palin to resign while Blagojevich and New York Governor David Paterson can select themselves directly is because Alaska recently changed their law for replacing a Senator. After Alaska Senator Frank Murkowski was elected Governor in 2002, he resigned his Senate seat and appointed his daughter, Lisa to replace him. In 2004, Alaska's legislature passed a law that requires a special election to be held 60 to 90 days after a Senate vacancy is filled. The law also barred the governor from appointing his or herself.

Full Blagojevich Coverage

Why It Matters If Obama Talked to Blagojevich

Top 10 Stupidest Moves By Illinois Gov. Rod Blagojevich

Blagojevich Bombshell: The Upside for Obama

The Rod Blagojevich Video Treasury

Barack Obama Met With Illinois Governor About Senate Successor

Axelrod Denies Barack Obama Met With Rod Blagojevich

Blagojevich Fallout: Special Election for Obama's Open Seat

Governors Filling Senate Vacancies Is a Bad Idea

Obama Senate Seat Put on E-Bay

Obama's Senate Replacement Up in the Air With Blagojevich Arrest