Endemic Elitism In Senate Appointments

by: Chris Bowers

Tue Dec 16, 2008 at 16:03


The top political story over the past week has been a corruption case surrounding the appointment of a Senator to Barack Obama's vacant seat in Illinois. At the same time, a woman whose family lineage is her primary qualification to be a Senator has begun a "public" campaign to reach out to local political elites using Joe Lieberman's "fixer" in order to secure the seat. Earlier, a long-time aide to Vice-President-elect Joe Biden was picked to serve his Senate seat. In 2010, Biden's seat is expected to be filled by his son, Beau Biden. In the coming days, Representative John Salazar will be considered one of the leading candidates to be appointed to his brother's now vacant seat in Colorado.

There is an endemic problem of dynasties and elitism in our political process. The power of Governor's to appoint vacant Senate seats is one of the more egregious examples of this. The four examples we are looking at right now are not isolated incidents, either. Six years ago, former Alaska Governor Frank Murkowski appointed his daughter to fill his vacant Senate seat. Two years before that, when Mel Carnahan died in a plane crash, his wife, Jean Carnahan, served two years in the Senate to replace him. The previous year, Lincoln Chafee was appointed to serve when his father died unexpectedly. And there is more (in the extended entry):

Chris Bowers :: Endemic Elitism In Senate Appointments
Appointing the spouses of deceased senators has a long and unsuccessful history as well. Four times over the past half-century, the wives of senators who died in office have been appointed.

None of them have won re-election.

There are also at least five instances of governors appointing themselves to a Senate vacancy -- Oklahoma Gov. J. Howard Edmondson in 1959, Wyoming Gov. John Hickey in 1961, New Mexico Gov. Edwin Mecham in 1962, South Carolina Gov. Donald Russell in 1965 and Gov. Wendell Anderson from Minnesota in 1976, who appointed himself to fill Walter Mondale's seat upon Mondale's elevation to the vice presidency.

It's worth noting that all five of these "greedy" governors lost their re-election bids.

While all of these appointments had to face re-election after they took office, they were still able to achieve a U.S. Senate seat without an election. Further, while these insider, dynasty, nepotism appointments clearly have a poor record of winning election once in office, that is more of an indication of just how bad the picks were in the first place, rather than a reason to praise the system for having a means of accountability.

The frequency with which family members and close aides receive appointment to Senate seats is indicative of how our broader political system is dominated by an insider elite. If these are the people who our governors turn to for such important decisions, what does it say about who they turn to for other, less public decisions? Simply put, if our political process was responsive to the will of the people rather than an insider elite, Senate vacancies would be filled by special elections, rather than by appointments. This is why it is so depressing that the Illinois special election has been put on hold.

Arguments that all of these elections would cost too much money are of the most crass, undemocratic sort that consider representative government something we should only do if we can afford it. Arguments that we shouldn't complain about the process because it might benefit our political party to avoid a special election forget that we are members of political parties because of our values, rather than purely for the sake of power. Arguments that we should keep in the system in place because that is what the framers wanted forget that the framers themselves overthrew a government, and would be horrified at the notion of a complacent people that never question authority or governmental structures.

There needs to be a constitutional amendment requiring that all Senate seats always be filled via popular elections, rather than appointments. While it seems that the corruption surrounding the Illinois Senate appointment would make for a perfect catalyst for such a campaign, the continuing nepotism in the other Senate appointments, along with the decision by the Illinois state legislature to delay a special election, it is clear that such a campaign would face a steep uphill battle.


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Agreed (0.00 / 0)
It makes sense to have Governors fill vacant seats with someone from the same party that vacated the seat - but only as an interim appointment and only for the purposes of ensuring a functioning Congress. Any individual appointed to a Senate seat - under any circumstances - should not be able to run in the subsequent election.

I suppose you could argue that holding an immediate special election is more fair, but it is also expensive and suffers from off-season election syndrome.

It really is amazing how, when given the opportunity to be free from burdensome elections, politicians everywhere seem to immediately resort to nepotism and corruption.  

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i have a slightly different take on this: (4.00 / 3)
it seems to me that one of the major reasons why people pick legacy or dynasty candidates is to avoid taking sides in intra-party factional rivalries.  this definitely seems to be what is going on with Patterson and Kennedy, for instance.  By picking the dynasty candidate, the governor can, in justifying this pick, appeal to a 'higher' logic than the logics mobilized by supporters of one rival candidate or another, thus allowing them to avoid taking a side in these disputes, and ultimately making it possible for them to retain working, if strained, relationships with a wide array of factions within their state party.  

this is not to justify the practice, rather to better explain it.  i would rather us have a system where a runoff election was automatically triggered in the event of a resignation.  


Mel Carnahan died in a plane crash (0.00 / 0)
you lost me with this. Carnahan was a gov running for Senate. The plane crashed happened just days before the election. His wife was designated to run in his place. The emotions of the times permitted no other solution. (Carnahan's son was piloting the plane and was also killed in the crash.) Plane crashes right before elections are unique situations and cannot be grouped with the others.

That's not what happened (0.00 / 0)
She did not run in his place. He was still on the ballot. He won the election posthumously.

The Democratic Governor of Missouri appointed Jean Carnahan to serve in his place. Had that not happened, then she would not have had to run in 2002. If she had won the election, then she would have served a full-term, and then run for re-election in 2006.


[ Parent ]
He was on the ballot (4.00 / 1)
But Governor Wilson said that he would appoint Jean Carnahan if Mel was to win. In my fuzzy memory voters did not go to the polls thinking that they were voting for a candidate to be named later, but thinking it likely because of the tradition of naming wives of deceased husbands that Jean Carnahan would get the seat. So there is more of an element of popular consent in that case than in the standard vacancy.  

Darkness has a hunger that's insatiable, and lightness has a call that's hard to hear.  

[ Parent ]
That's true (0.00 / 0)
There was more popular consent on that one. However, the timing of the horrible event in relation to the election complicates the matter.

[ Parent ]
Jean Carnahan (0.00 / 0)
was very actively drafted by the support of Democrats in Missouri following her husband's death.  She considered and publicly announced her decision to accept the appointment by Gov. Roger Wilson eight days before the election.  Polls taken two weeks in advance of the election had her taking the lead over Ashcroft.

She was well known to the people of the state.  Her name could not be placed on the ballot but the voters of Missouri absolutely knew who they were casting a vote for when they checked Mel Carnahan's name on the ballot.  

Sorry Chris but the appointment of Jean Carnahan does not fit the purpose of your post.  


[ Parent ]
That's exactly how it played out (4.00 / 1)
Mel Carnahan died too close to the election to reprint ballots, but it was very well publicized, before the election, that, should Mel win, then Jean Carnahan would get the seat.  

[ Parent ]
Carnahan is not one of these (0.00 / 0)
I agree with the objection.  It was very well publicized and voters knew that by electing the dead Carnahan, they'd get the live one.  She was effectively a last-minute substitute candidate, which makes her case very different from all of these others.  I think including her on the list weakens the post.

[ Parent ]
the other issue is time and money (4.00 / 2)
Let's say a seat becomes unexpectedly vacant.  We give 30 days for the primary, and another 30 days for the general.  Otherwise the senate seat is vacant for a long time.  That's very little time to become well known or to raise the money needed to become well known.

As a practical matter, the candidate probably needs to have a million dollars immediately available for a federal election:  Either he or she is very wealthy, or he or she is already in Congress [See NJ Congressmen hoarding cash for eventual senate runs].  Perhaps someone could be famous enough to be able to call on wealthy donors/internet small donors right away.  This still seems to give us a pretty small pool of candidates, to a large extent the candidates that the governors are already considering. [That's how it worked for Menendez getting appointed.]

No doubt this situation is still better than a appointment, but it's not going to be very different, I bet.  Still, I do think it would be a improvement.  


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could we just forego the primary in these cases? (0.00 / 0)
Take each party in the previous election that had a ballot line, give them a ballot line to be assigned by the state party chairs?  

If it's just for temporary senate appointments, I don't see the problem.


[ Parent ]
What's the difference? (4.00 / 1)
I hate to be cynical, but with the cost of Senate elections so high, anyone who runs for the Senate today has to raise enormous sums of money.

And the only ones who can do this today are themselves - by and large - part of the elite.

Yes there are exceptions - but that's true with Senate appointments tool.

Bottom line - I don't think a constitutional amendment requiring Senate replacement by election would be viable without appropriately configured campaign finance reform.


Yeah, that is cyncial (4.00 / 4)
If elections for Senate are just as bad as appointments to Senate because of the lack of campaign finance, then you are being quite cynical indeed.

There are problems with money in politics. However, it is important to see degrees of better or worse electoral systems.


[ Parent ]
Why? (4.00 / 4)
The top story, you would think, would be the Republican turndown of the auto bailout despite various concessions by the Democrats. They really are, or at least should, be risking their political future for decades by throwing away the important assets the GOP has in the Great Lakes States.  George W. Bush would never have become President or stayed President without the electoral votes of Ohio.  It is virtually impossible for Republicans to control the Senate without electing some senators from the Northeast or Great Lakes states.  And without the 49 House members they bring from those regions, even the connivance of the media and the Blue Dogs is totally useless.

Time to keep pounding on the big finger that Republicans gave to workers everywhere. That's the big story and will continue to be the big story for years.


Placeholders (0.00 / 0)
I think that you have to make a distinction between placeholders and otherwise. Caroline Kennedy is being appointed with the intention of remaining senator. A Jean Carnahan (or any other family member of someone who passes away) or a Ted Kaufman is in there in order to not install someone prior to a special election.

Now granted, that's not an argument against special elections, which there obviously should be. But it is important to remember that the dynastic choice often has the effect of keeping the field as open as possible when you do have to make an appointment by law.

In fact, I'd say the Ted Kaufman example is exactly the appointment you should make. The people of Delaware elected Joe Biden. We know that Sen. Kaufman will follow exceedingly closely the Biden line, so the people's will is followed. Then, he will not stand for re-election in 2010, allowing the people to decide without the prejudices of incumbency. If they choose Beau (their AG, remember), that's their will, but Gov. Miner didn't put her finger on the scales one way or the other.


Carnahan ran in 2002 (4.00 / 1)
She wasn't a placeholder.

Even if Kaufman is a placeholder, it would still be better to have an election now, and one in 2010. That's still two years of an unelected Senator.


[ Parent ]
I think we agree (4.00 / 1)
I agree with you absolutely that it's better to have an election now. No ifs ands or buts.

All I'm saying is that in a given moment where you have to appoint someone, what is the best thing to do? And that's to appoint a placeholder.Govs. Miner and Paterson don't have the option legally of holding a special election (you can change that, as discussed in IL, but I definitely think any such change must apply starting at the next vacancy, as all decisions were made assuming appointments). In that case, Miner made the right call, and Paterson choosing Kennedy would be the wrong call.

And Carnahan is best understood as a placeholder who then decided to run, no? Though that's a minor point.  


[ Parent ]
there's dynasties, and there's dynasties (4.00 / 2)
I don't mind a dynasty candidate so much if we're dealing with a red state where a Democrat without a good family name would have almost no chance. I'd rather have Stephanie Herseth or Evan Bayh in Congress than the generic Republican who would win a race against a non-dynasty Democrat in those states.

But I have a lot more trouble with dynasty candidates in solid blue states like NY and DE. Nothing against Beau Biden, whom I've heard good things about, but other Democrats should not be expected to stand aside for the 2010 primary.

The jury is still out on Chet Culver in Iowa. Let's face it, no other high school social studies teacher could have run for secretary of state ten years ago and won, and a secretary of state without a good political name like Culver probably wouldn't have been able to win the 2006 gubernatorial primary.

I expect dynasty politicians to work extra hard to "prove" they are deserving. In some ways (but not all) Culver has been an improvement on Tom Vilsack, who worked his way up with absolutely no family advantages.

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I'm a little conflicted... (0.00 / 0)
I think I was originally in favor of special elections for all open seats, but I've since changed my opinion on this.  I don't think I can agree with you completely on this:

"Arguments that all of these elections would cost too much money are of the most crass, undemocratic sort that consider representative government something we should only do if we can afford it."

I don't think this is a matter of only doing an election if we feel like we have the money... but rather a matter of being pragmatic (yeah, I know.. your favorite word).  It costs a lot of money to run an election and particularly today when all of the states are struggling to find funds for just about anything, it does strike me as potentially wasteful to spend on another election after we just had one.  For instance, Chicago's CTA has been in desperate need of money for the last few years and money on a special election instead of on the CTA could cause fewer buses, cuts in routes, and fare increases (we're already getting a fairly significant fare increase).  If you were to ask people whether they'd rather have a special election or improvement/funding of the CTA, my guess would be that most people would choose the latter.

The power to appoint should be used to select a placeholder for the seat, which is what appears to have happened in Delaware.  Now, there are probably better and worse placeholders, and it seems a lot of people are disappointed in the one in Delaware.  But, they'll get to vote on whoever they want in 2010.  Maybe Beau Biden is an automatic... but then that's the people's problem... they're the ones that are electing him.

And Kennedy will face the same problem in 2010, and so will whoever eventually take the IL seat.  Whoever wins those elections will have been selected by the voters, for better or worse.

I think the problem you're identifying would be better addressed by convincing people to be more skeptical of nepotism and less resistant to primaries.  If people get more involved throughout the process, then it won't matter who's an incumbent, or what name you have, or whatever... People will select the candidate that they prefer the most.  Maybe the power of a name is too potent sometimes to overcome... but then that's a psychological issue, and not a democratic one.


An Electoral Reform Omnibus Constitutional Amendment (0.00 / 0)
Or a slate of amendments.  Given the high visibility of the Illinois case, I think it provides the bloody flag to wave as the impetus toward some reform.  I don't think you're ever going to abolish the Senate itself anytime soon, but I think there are things to be done.

Corporate lobbyists write legislation all the time.  Sometimes I think politicians would listen to progressives more if we wrote the legislation ourselves and delivered it so that they didn't have to do all the work rather than complaining, "Do something!!!"

So, here are a few points to address if one were to write a constitutional amendment mandating special elections:

1. Do we have interim replacements or should the seat remain vacant until the special election?  If we have replacements, governor appointment, perhaps with ratification by the state legislature as a check?  Do we mandate that any interim replacement cannot run in the special election?

2. What is the time-frame for a special election?  Alongside the next regularly scheduled election?  Six months?  Three months?  What do we do about primaries?  Do we specify a method?  Do we like a Louisiana-style "jungle" primary with a run-off?  Does anyone want to try and sneak in mandated IRV?

3. Is there any reason not to specify the same procedures for House vacancies?

4, What other electoral reforms can we put together along with this?  Non-partisan redistricting done at the federal level and removed from the state legislatures?  Recounts?

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Heck, let's just abolish the Senate (4.00 / 2)
Since I started paying attention in 1980, I cannot recall one positive thing that the Senate has done. Why do we waste our money paying a bunch of arrogant millionaires to spit on us?

well, Tom Harkin (0.00 / 0)
was the key force behind the Americans with Disabilities Act. That was during his first term as senator.

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[ Parent ]
I can! (0.00 / 0)
The Senate was the only meaningful check on the Republican Revolution from 2002-2006.  Yes, I know we think they were next to worthless.  But next to worthless still isn't the same as worthless.  I can remember dozens of atrocities that passed the House but stalled in the Senate, even when the Republicans had 55 Senators in 2005.  The nuclear option was talked about because those 45 Democrats were the only thing left standing between Cheney and his most fervent imaginings (like dismantling Social Security).

The Senate has its downsides, but it does mostly serve its purpose of killing off legislation, and smoothing out temporary trends in politics.  The Senate will get in our way these next four years, but it also got in Bush's way when nothing else could or did.  For obstructing that president, the chamber has proved its worth for a generation, I say.


[ Parent ]
on a related note (4.00 / 1)
Between 15 and 20 percent of all the women who've served in Congress have been widows of incumbents who died in office.

One reason Iowa still hasn't sent a woman to Congress is that we haven't had incumbents die in office to clear a path for the widow.

If Chet Culver were a woman, maybe we'd have elected a woman governor by now...

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Appointments (0.00 / 0)
I have no problems with governors appointing Senators.  Prior commenters have state the main reason - timeliness.

As to Carline Kennedy being appointed, at first I was all for it.  She seems like she would make a strong candidate for the special election or general election when it came due.  Also, she has actually done something with her life and contributed to society.

What makes that appointment, and other legacy name appointments, scary is what other commenters have also mentioned - the creation or continuation of political royalty.

Why do we need to watch for political royalty?  Look at W.  Granddad was a Senator.  Daddy was a Representative, Senator, and President (though I disagreed with GHWB on a number of items, and strongly disagreed on others, I always respected the man).  W had absolutely no qualifications for President - being a governor in a state where the organization calls for a weak governor is NOT qualification.  However, he was elected by fools who felt that qualifications were genetically handed down.  We have found out that is painfully not the case.  Eight years ago I might not have felt the same way about Jeb Bush, but Jeb let big bro jump ahead of him.

So, let the Gov fill the position as he sees fit.  But if she is appointed, hold her accountable and make sure she has a fight in the primaries if she proves herself unworthy of the job.


I agree with you. (0.00 / 0)
When Caroline Kennedy is appointed- She has to convince the NY Democratic primary electorate that she deserves to get re-elected in Sept 2010 and NY Voters she deserves to be their US Senator in Nov 2010 and again Nov 2012.  

[ Parent ]
Interesting debate. (0.00 / 0)
Trying not to reiterate what has already been written, I will say that I agree with a lot of what has been said.  Both sides of the discussion have legitimate points.  One solution may be to allow the state legislatures to appoint the temporary person until the next general election.  This would take the appointment out of the hands of one person and would better represent the states population.  In a perfect world, a special election would be the most desireable solution, but under certain circumstances I can see the arguement against that.

I doubt this would improve the 'dynasty' factor, but I am not convinced that a special election would either.  At least with the state legislature picking the replacement, you have more elected officials involved in the process.  At the very least, this would help with any perception of someone buying their way into office by simply being appointed by a Governer.


Stand-ins (0.00 / 0)
An interim appointment is supposed to go to somebody who will stand in for the person elected, and pursue the same policy positions, rather than make the office their own. That's why wives and relatives are acceptable. That's why failure to win reelection isn't the best test. Short campaigns for off-season elections don't get enough attention or turnout, and the expense matters.

While I agree that governors shouldn't appoint themselves or somebody from a different party, I hope I live to see the day then that's the worst thing wrong with our democracy.


Quick question: (0.00 / 0)
Can anybody think of a dynasty politician who was notably more progressive than their parent? I guess you could make the argument for Ted Kennedy, but his father was never an elected official. Whereas Evan Bayh isn't even close to Birch Bayh, and Mark Pryor is not an improvement on David Pryor.

Quite apart from its nepotistic character, it's just about always bad for progressive purposes.

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Outside the box (0.00 / 0)
1) Pretty much every person elected to public office won a contested race, right? Why not replace them with the candidate that came in second in the race that put them into office, should they resign during their term? All would be a "place-holder" in the sense that a true election would be held within 2 years.

It would be "democratic" because that person has been in the campaign. It would not be expensive.  It would obviate any backroom dealing. It would not directly promote nepotism, or legacy candidates.

This mechanism has another benefit: it would make a multiple party system more attractive because those in the two MSPs would always be faced with a change in party upon resignation, so they might think it wise to back-up their main candidate with another that shares some values.

2) Require every candidate to specify a designated replacement as part of getting on the ballot for the race they won to get into whatever office. Everyone needs a "vice", so to speak.

3) Fill the open seats by lottery. Charge for tickets according to the value of the office. Use the proceeds to up-grade the electoral infrastructure, i.e. better machines, more election judges, etc.

"It sounds wrong...
     ...but its right."


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