Legal Question in Constitutional Law in Wyoming

Seventeenth Amendment Question

In light of the recent death of Senator Thomas of Wyoming, major media outlets have reported that WY's current democratic governor cannot, by WY law appoint anyone to fill the vacancy other than one of 3 persons submitted by the state GOP. I heard a radio host claim that this state law would undermine the requirements set forth under the US constitution insomuch as the qualifications are already set forth in Art. I Sec. 3. The section that I would think to be more prescient would be 17th Amdt. Clse. 2, but it seems to me to be inconclusive, granting the filling of vacancies to the state's executive, but also ''empowered'' by the legislative. Can the legislative branch of a state enact laws that restrict the executive's ability to fulfill of the constitutional duty to fill Senate vacancies? Or does this clause even apply, as it refers to only ''writs of election'', does it perhaps not cover appointments to fulfill vacancies? Is there actually a constitutional conflict with the WY state laws? What are the legal precedents here?


Asked on 6/06/07, 1:59 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Seventeenth Amendment Question

I'm definitely not an expert in this field. It seems, though, that the U.S. Constitution sets the minimum qualifications for the person to serve in the Senate. Different states have different schemes for replacing a departed senator. Some hold elections, others endure gubernatorial appointments. It used to be that some legislatures appointed the interim senator. It seems that the laws of a state control how and when an interim senator goes to Washington.

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Answered on 6/06/07, 2:43 am


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