[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 26 Introduced in House (IH)]
109th CONGRESS
1st Session
H. J. RES. 26
Proposing an amendment to the Constitution of the United States
relating to Congressional succession.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 2005
Mr. Rohrabacher (for himself and Mr. Baird) introduced the following
joint resolution; which was referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States
relating to Congressional succession.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled
(two-thirds of each House concurring therein), That the following
article is proposed as an amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as part of the
Constitution when ratified by the legislatures of three-fourths of the
several States within seven years after the date of its submission for
ratification:
``Article --
``Section 1. No person shall be a Representative who has not
selected in ranked order, and been elected together with, three
Alternate Representatives. Alternate Representatives shall serve during
the term of their Representative, and their tenure in office shall end
upon the resignation or expulsion of their Representative, or when a
new Representative and Alternate Representatives are elected for the
same constituency. Such new Representative and Alternate
Representatives shall assume office immediately upon election whenever
there is a vacancy in the office of Representative.
``Section 2. Upon the death of a Representative, or if at the time
fixed for the beginning of the term of the Representative-elect, the
Representative-elect shall have died, the duties and powers of the
office of Representative shall be discharged by his highest-ranking
Alternate as Acting Representative until a new Representative is
elected.
``Section 3. Whenever a Representative transmits to the Speaker of
the House of Representatives his written declaration that he is unable
to discharge the powers and duties of his office, and until he
transmits a written declaration to the contrary, such powers and duties
shall be discharged by his highest-ranking Alternate as Acting
Representative.
``Section 4. Whenever a majority of the elected Alternates of a
Representative transmit to the Speaker of the House of Representatives
their written declaration that such person is unable to discharge the
powers and duties of the office of Representative, that person's
highest-ranked Alternate shall immediately assume the powers and duties
of that office as Acting Representative. Thereafter, when the
Representative transmits to the Speaker of the House of Representatives
his written declaration that no such inability exists, he shall assume
or resume the powers and duties of the office of Representative.
``Section 5. No person shall be a Senator who has not selected in
ranked order, and been elected together with, three Alternate Senators.
Alternate Senators shall serve during the term of their Senator, and
their tenure in office shall end upon the resignation or expulsion of
their Senator, or when a new Senator and Alternate Senators are elected
for the same state and class of Senators. Such elected Senator and
Alternate Senators shall assume office immediately upon election
whenever there is a vacancy in the office of Senator.
``Section 6. Upon the death of a Senator, or if at the time fixed
for the beginning of the term of the Senator-elect, the Senator-elect
shall have died, the duties and powers of the office of Senator shall
be discharged by his highest ranked Alternate as Acting Senator until a
new Senator is elected.
``Section 7. Whenever a Senator transmits to the President pro
tempore of the Senate his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits a
written declaration to the contrary, such powers and duties shall be
discharged by his highest ranked Alternate as Acting Senator.
``Section 8. Whenever a majority of the elected Alternates of a
Senator transmit to the President pro tempore of the Senate their
written declaration that such person is unable to discharge the powers
and duties of the office of Senator, that person's highest ranked
Alternate shall immediately assume the powers and duties of that office
as Acting Senator. Thereafter, when the Senator transmits to the
President pro tempore of the Senate his written declaration that no
such inability exists, he shall assume or resume the powers and duties
of the office of Senator.
``Section 9. No one who has not been elected Senator or Alternate
Senator may be or act as Senator, except that the legislature of any
state may empower the executive thereof to appoint an Acting Senator
when a Senator from that state dies in office without a qualified
Alternate.
``Section 10. Alternate Senators and Representatives shall have the
qualifications of Senators and Representatives, respectively, and each
House may punish its Alternates for disorderly behavior, and with the
concurrence of two thirds, expel an Alternate.
``Section 11. The Congress shall have power to enforce this article
by appropriate legislation.
``Section 12. This article shall take effect at noon on the next
date established by this Constitution for the beginning and ending of
the terms of Senators and Representatives one year after the
ratification of this article, except that qualification to be Senator
in section 5 of this article shall not apply to any person who had been
elected to their current term of office prior to such time and date.''.
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