F. James Sensenbrenner, April 22, 2004

It is widely understood that on September 11, 2001, one of the hijacked planes was headed for the US Capitol. If it had not been for the heroic actions of the passengers aboard United Flight 93 who forced the plane down over Pennsylvania, Congress’ ability to function may have been severely disrupted that day. While the 17th Amendment allows governors to appoint replacement Senators, there is no mechanism to quickly replace House Members. To address this situation, on April 22, the House of Representatives passed my bill, HR 2844, the Continuity in Representation Act of 2004.

HR 2844 preserves the people’s constitutional right to direct, elected representation. This legislation provides for the expedited special election of new Members to fill seats left vacant in "extraordinary circumstances," which the bill defines as occurring when the Speaker of the House announces there are more than 100 vacancies in the House. Within 10 days after such an announcement, the political parties of states with House vacancies, as provided by state law, may nominate candidates to run in a special election to be held within 45 days.

Instead of direct elections, some argue for a constitutional amendment allowing the appointment of replacement House Members. Such an amendment would destroy the uninterrupted tradition that only Representatives duly elected by their local constituents can serve in the House. Using appointments runs counter to the current mechanism for preserving continuity in government that the Founders, in their wisdom, included in the Constitution, and which is the basis for my bill. The House -- unique among all branches and bodies of the entire federal government -- is rooted in democratic principles, and those principles must always be preserved. The Supreme Court is an appointed body, and current federal law allows the Presidency and the Senate to consist of unelected individuals. Without an elected House, the entire federal government could be run without a single branch representing the popular will in a time of emergency.

Moreover, the resiliency of our electoral process should not be undermined. In England during World War II, when many Members of the House of Commons were killed by relentless Nazi bombing, our friends across the Atlantic held special elections within 42 days to fill the vast majority of seats left vacant. I have no doubt that similarly, in the United States, the boundless spirit of the American people will ensure that democracy prevails in even the most pressing conditions.

Indeed, while some argue that adopting an amendment to the Constitution authorizing appointed Members is necessary in the event of a terrorist attack, the very adoption of such an amendment itself would accomplish what no terrorist could -- namely, striking a fatal blow to what has otherwise always been "The People’s House." HR 2844 is founded on clear and existing constitutional authority. It preserves the vital, time tested constitutional value of directly elected representation that has made this country the most successful experiment in representative government the world has ever known. We should never sacrifice this cherished tradition of a House elected, not appointed.

Congressman James Sensenbrenner, a Republican, represents the Fifth Congressional District of Wisconsin. He serves as chairman of the House Committee on the Judiciary.