rwilson452
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From a legal point of view, if Giffords is unable to resume her duties in congress, what happens to her seat?
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The replacement of a representative who is unable to fulfill his/her duties in Congress is a matter of state law.
From a legal point of view, if Giffords is unable to resume her duties in congress, what happens to her seat?
There are two ways that a representative is replaced. The first is by having a special election and the second is by appointment by the governor.
There is no specific protocol, procedure, or authority set out in the United States Constitution, federal law, or congressional rule for the Senate (or the House) to recognize “incapacity” of a sitting Member and thereby declare a “vacancy” in such office.
no such precedent exists for a sitting Member of either House who has taken the oath of office, and a vacancy with respect to such a sitting Member would generally exist only by virtue of resignation, death, acceptance of an incompatible office, or expulsion.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.