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Arguing that “in discussing the Senate Vacancies Clause, the Framers’ debates unmistakably concerned institutional legislatures [as opposed to any body a state constitution grants legislative power, such as the people by referendum].”
Discussing constitutional origins of the Senate Vacancies Clause.
Contrasting the House Vacancies Clause with the Senate Vacancy Clause and arguing that the lack of “resignation” language in the House Clause indicates an intent at the Founding that House members not be permitted to resign their offices.
Drawing on the Senate Vacancies Clause for support for the proposition that “happen” in the Recess Appointments Clause ought to be interpreted to mean “arise during.”
Noting positions of James Wilson, Edmund Randolph, and James Madison on the importance of filling Senate vacancies.
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