Congratulating Laphonza Butler

Floor Speech

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Mr. KILEY. Mr. Speaker, first, I extend my wishes and prayers to the family of Senator Feinstein. Dianne Feinstein dedicated her life to public service, and her passing is a profound loss for our State and country.

I also congratulate Laphonza Butler on her appointment to the Senate by Governor Newsom, and I say that with all sincerity. I harbor no ill will in any form against Ms. Butler. She apparently wasn't even expecting this appointment and only learned about it when she got a call from the Governor, and she agreed to serve. She should be commended for that.

I should say that there has been raised a question concerning whether she meets the requirements to hold this office and to represent California, given that apparently she is a registered voter in Maryland. I trust that the Senate, which is responsible for judging the qualifications of its Members, is taking that inquiry seriously.

I will say, however, that we need to, at this point, kind of pause to reflect on the fact that if Ms. Butler is sworn in, which I believe she is supposed to be sworn in today, California will now have two Senators who gained their office not by the authority of voters but, rather, by the whim of a single individual, Governor Gavin Newsom. We will have two Senators who gained their office via appointment.

We also, by the way, have a Senator from New Jersey whose own conference is calling on him to resign, which could create another appointed Senator in the United States Senate.

This is very much contrary to the spirit of the 17th Amendment, which calls for the direct election of Senators. When this amendment was adopted, it was put in place, according to one scholarly article, to replace a distrusted aristocratic regime of appointed Senators with one of popular enfranchisement.

Indeed, since the 17th Amendment, which provided for the direct election of Senators but allowed that governors could appoint Senators still to fill vacancies, these appointments have been subject to all manner of abuses. You have had instances of nepotism. Governors have appointed their children. They have appointed their spouses. Some have even appointed themselves to the U.S. Senate. Indeed, the appointment that Governor Newsom has just made demonstrates the risks that are inherent in an appointment system.

As one headline in today's San Francisco Chronicle reads: ``Newsom's handling of Feinstein's replacement was a highlight reel of his political flaws.'' The writer says that he twisted himself into rhetorical pretzels over the last 2 years because he looked at this appointment through the lens of what is going to help his Presidential aspirations as opposed to what is going to be best for the State of California.

As long as 2 years ago, Governor Newsom made statements about who he might appoint in the event of a vacancy. Then just a few weeks ago, he said he was going to appoint an interim Senator. Then a couple days ago, he walked back that statement and said, no, the person would be free to run for reelection.

This is just not the sort of dynamic that ought to influence who is going to hold a position as important as being the United States Senator from California.

I should also add that it is quite unfair to the candidates who have been running to hold this position in 2024, three of whom currently serve in the House, who have been very actively campaigning and now face the prospect of running against an incumbent who didn't actually have to get to that office and face voters in order to get there.

For this House, the House of Representatives, every single person who walks onto the floor of this House is there by the authority of voters, is there having been elected. There is no reason why it shouldn't be the same in the United States Senate.

I have introduced H. Res. 57. This is a constitutional amendment that will simply say that in order to be a United States Senator, just as to be a United States Representative, you have to get there by an election of the people. If this really is a government of, by, and for the people, as Lincoln put it, then we should make sure that those who are here at this Capitol making important decisions on behalf of the people are there because the people chose them to be so.

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