Dreier Testifies Before Senate Judiciary Committee in Opposition to Constitutional Amendment for House Appointees

September 9, 2003

WASHINGTON, DC - Congressman David Dreier (R-CA), Chairman of the House Rules Committee, testified today before the Judiciary Committee of the United States Senate in opposition to the constitutional amendment approach put forward by the Continuity of Government Commission that would allow for appointing members to the House. Dreier recently joined House Judiciary Committee Chairman Jim Sensenbrenner (R-WI) and Congresswoman Candice Miller (R-MI) to introduce the "Continuity in Representation Act," H.R. 2844, legislation that puts in place mechanisms to preserve the House of Representatives as the only fully elected body in the federal government.

"I am troubled by the choice of the language of the amendment the Commission recommended," Dreier said. "Yes it appears the simplest in form, but I am concerned that beneath its plain-brown wrapper lies the constitutional equivalent of a computer 'virus' or 'worm.' Over time, I am concerned that it will eat away at other provisions of the Constitution, forcing the Framers' checks and balances to crash under the potential statutory fixes that such an amendment would allow."

Article 1, Section 4, of the United States Constitution states: "The Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators." Therefore, the House is permitted to set guidelines for the election of multiple Members in the event of a catastrophic situation. The "Continuity in Representation Act" requires that, in the event of the death of 100 or more Members, special elections must be held within 21 days of the official announcement by the Speaker of the House that the Members have died.

Dreier noted that while he understands the desire for expediency in times of crisis, it is more important to lay a solid framework that will honor the work of the Framers. "A constitutional amendment may seem easier than planning, creating, and implementing the infrastructure necessary to ensure rapid and fair elections in the face of mass vacancies," Dreier said. "However, in the long term, I believe that after a national crisis, we should still choose to have faith in elections, not selections."