Originally created 05/01/01

Legislature could appoint replacement



I have read a great deal about the political ghouls who anticipate the demise of U.S. Sen. Strom Thurmond, R-S.C. (If that happens) people seem to assume that the Democratic governor will appoint a member of his own party to fill out the term.

I read in January that the Republicans controlled both houses of the legislature. Has this changed? If not, the second paragraph of Amendment 17 of the U.S. Constitution states that the legislature "may" empower the executive to make temporary appointments. Why would a Republican legislature empower the present executive to do this?

I doubt if previous legislatures could bind the present legislature and deprive it of the right to carry out a constitutional duty. We learned in Florida that state law cannot circumvent the federal Constitution. I doubt if a law stating that the executive has to call for a special session would take precedence over a constitutional duty.

Of course everything is legal until questioned.

Ernest F. Daniel, Augusta