Arizona Law Doesn't Apply to Giffords' Seat

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January 18, 2011

Arizona Law Doesn't Apply to Giffords' Seat

Any attempt to declare the congressional seat of Rep. Gabrielle Giffords (D-AZ) to be vacant based on state law would probably violate the U.S. Constitution, the Tucson Sentinel reports.

Though Arizona statutes say public offices may be declared vacant if their holders fail to discharge their duties for 90 days, it pertains only to state and local officials.

Washington Post: "The U.S. Constitution provides the qualifications for service in Congress and makes the House the sole judge of those qualifications. Courts have consistently held that states cannot add qualifications to those in the Constitution and have rejected efforts to remove members of Congress, even through term limits and recalls."

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Taegan D. Goddard is the founder of Political Wire, one of the earliest and most influential political web sites.

Goddard spent more than a decade as managing director and chief operating officer of a prominent investment firm in New York City. Previously, he was a policy adviser to a U.S. Senator and Governor.

Goddard is also co-author of You Won - Now What? (Scribner, 1998), a political management book hailed by prominent journalists and politicians from both parties. In addition, Goddard's essays on politics and public policy have appeared in dozens of newspapers across the country, including the Washington Post, USA Today, Boston Globe, San Francisco Chronicle, Chicago Tribune, Philadelphia Inquirer and Christian Science Monitor.

Goddard earned degrees from Vassar College and Harvard University. He lives in New York with his wife and three sons.

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January 18, 2011