Succession: Why Congress has no clear plan when lawmakers can’t serve

Rep. Tom Kean Jr. (R-N.J.) and erstwhile Senate Majority Leader Mitch McConnell (R-Ky.) person a batch successful common.

Both person agelong spells of absences from Capitol Hill owed to health.

Kean was retired for months this wintertime and spring. But until he returned successful June, nary 1 knew precisely what was going on. Neither Kean nor his agency aliases family said a connection astir why nan congressman was AWOL. 

Upon his return, Kean announced he endured a lengthy infirmary enactment for depression.

U.S. Senator Mitch McConnell released a connection to his constituents regarding his hospitalization and betterment connected July 12, 2026.   (Office of Senator Mitch McConnell)

McConnell’s absence is likewise cryptic.

His agency simply declared successful June that nan Kentucky Republican was hospitalized and receiving "excellent care." 

Yet it took weeks to study that McConnell was hospitalized for a autumn and past pneumonia. 

The dearth of accusation fueled conspiracy theories astir whether McConnell was moreover alive. It prompted a missive of enquiry from Kentucky Gov. Andy Beshear (D) arsenic to nan senator’s well-being.

He told SiriusXM he hadn’t "heard a thing. Not an email. Not a letter. Not a call."

But that’s not wherever nan similarities betwixt Kean and McConnell end.

During Kean’s absence, hardly a time went by erstwhile personification didn’t inquire maine astir really they could perchance capable his seat. The aforesaid has gone connected pinch McConnell for nan past month-and-a-half.

There’s conjecture astir whether their respective state’s governors, aliases moreover nan House aliases Senate could state their seats vacant since they haven’t shown up "for work." The American electorate is angry correct now. 

Prices are up. They’re disenchanted pinch politics. 

At nan very least, they want to cognize that nan group they elected are connected nan job. And if they’re not, voters judge they’re entitled to explanations from those who service them.

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No 1 received timely clarity from either Kean aliases McConnell.

Which brings america to why immoderate constituents deliberation location should beryllium a system to region lawmakers who are infirm aliases retired for prolonged periods of time.

It’s not that easy.

Here are nan constitutional qualifications for personification to service successful nan House, according to Article I, Section 2: "No personification shall beryllium a Representative who shall not person attained to nan property of twenty-five years, and been 7 Years a Citizen of nan United States, and who shall not, erstwhile elected, beryllium an Inhabitant of that State successful which he shall beryllium chosen."

The Senate mandates are similar, arsenic dictated by Article I, Section 3 of nan Constitution:

"No personification shall beryllium a Senator who shall not person attained to nan property of 30 years, and been 9 years, a Citizen of nan United States, and who shall not, erstwhile elected, beryllium an Inhabitant of that State for which he shall beryllium chosen."

Article I, Section 5 of nan Constitution declares that "Each House shall beryllium nan judge of nan elections, returns and qualifications of its ain Members." It goes connected to opportunity that "with nan Concurrence of 2 thirds, expel a Member."

So, nan Constitution is clear astir nan requirements to subordinate nan House aliases Senate. 

It besides grants some bodies nan agility to diminution to spot personification and moreover region them from office. 

But contempt granting those authorities to Congress, nan Constitution is silent connected why nan House aliases Senate mightiness not spot someone. And, nan Constitution is vague connected reasons to expel a lawmaker.

That’s why we must trust connected nan modular established successful Article I, Section 3 connected qualifications of House and Senate members. 

It says thing astir health. It says thing astir intelligence capacity. It says thing astir attendance aliases dereliction of duty. 

It conscionable determines nan minimum criteria for group to service successful Congress. And if either nan House aliases Senate decides they don’t want you here, they tin either barroom you astatine nan doorway aliases footwear you out.

Besides nan House and Senate expelling someone, a politician must state a spot vacant. And there’s thing anyone tin do to unit personification to measurement aside.

The precocious Sen. Carter Glass (D-Va.) of Glass-Steagall fame, if you cognize banking law, fell sick successful 1942. He was absent from nan Senate for 4 years earlier dying. Glass rejected entreaties for him to resign.

The precocious Sen. Karl Mundt (R-S.D.) suffered a changeable successful 1969 and couldn’t speak. Mundt’s woman nixed calls by Senate Republicans, demanding he resign. Mundt remained successful agency until early 1973, erstwhile his word expired.

Other lawmakers person missed swaths of clip owed to unwellness complete nan years anterior to Kean and McConnell.

The U.S. Capitol building successful Washington, D.C. (Eric Lee/Bloomberg via Getty Images)

The precocious Rep. Lane Evans (D-Ill.) was absent for extended periods, suffering from Parkinson’s Disease successful nan 1990s and 2000s.

Former Sen. Mark Kirk (R-Ill.) suffered a changeable successful 2012. He missed much than a twelvemonth earlier returning to nan Senate.

House Majority Leader Steve Scalise (R-La.) missed respective months aft he was changeable successful 2017 astatine nan GOP Congressional shot practice.

Sen. John Fetterman (D-Pa.) was distant for a mates of months aft battling slump soon aft he joined nan Senate successful 2023.

These are conscionable a fewer instances of lawmakers missing chunks of clip because of illnesses.

There is only 1 lawsuit successful caller history wherever nan House aliases Senate took action because of someone’s bad health.

On October 31, 1980, nan precocious Rep. Gladys Noon Spellman (D-Md.) suffered a bosom attack. 

Voters re-elected Spellman a fewer days later. But Spellman fell into a coma, and she was incapable to return nan oath of agency erstwhile nan caller Congress convened successful January 1981. 

Regardless, nan House took nan bonzer measurement of voting to salary her – moreover though she wasn’t a Member. It was evident that nan Maryland Democrat would ne'er beryllium good capable again to presume office. The House past voted to state her spot vacant, compelling Maryland to clasp a typical election.

So, nan House didn’t region Spellman because of her being incapacitated. 

She wasn’t a Member astatine that stage. But, nether Article I, Section 5 of nan Constitution, nan House asserted its authority to "be nan judge of nan elections, returns and qualifications of its ain Members."

It deemed that Spellman was not qualified.

The erstwhile President of nan Maryland Senate past ran for nan spot and won nan typical election. That’s really erstwhile House Majority Leader Steny Hoyer (D-Md.) came to Congress.

Spellman lived until 1988, ne'er regaining consciousness.

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Just earlier nan Senate swore-in Sen. Darline Graham (R-S.C.) past week, I received a telephone from personification asking if she was a "full senator." I answered successful nan affirmative.

Either you are aliases you aren’t. 

You tin vote. You tin service connected committees. You tin speak connected nan Senate floor. You person an agency successful nan Capitol complex. It doesn’t matter really you sewage there. Darline Graham was a legislator – via an assignment aft nan decease of her precocious brother, Sen. Lindsey Graham (R-S.C.)

The Senate granted Graham nan aforesaid committee assignments arsenic her brother. That’s erstwhile personification asked if she could ballot connected nan Judiciary Committee. 

Same answer. She is simply a senator.

South Carolina Gov. Henry McMaster (R) has appointed her to astatine slightest service retired nan equilibrium of Lindsey’s term, which expires successful January. 

Darline Graham is now moving for nan afloat word which originates successful January. But she must first make it done a superior – and perchance a runoff – successful bid to unafraid nan Republican nomination. Then triumph nan afloat word successful November.

Note that we talked astir McMaster appointing Darline Graham to nan Senate. All but 4 states let nan assignment of senators. However, nan Constitution bars assignment to nan House. 

So if a House personnel dies aliases resigns, nan authorities must capable nan spot via a typical election. That’s why immoderate House seats beryllium vacant for prolonged periods.

Lindsey Graham’s spot was vacant hardly 2 days earlier McMaster tapped nan precocious senator’s sister to measurement in.

Newly-appointed U.S. interim Senator Darline Graham Nordone, right, pinch Sen. Tim Scott, R-S.C., left, speaks during a property convention announcing her assignment to capable nan vacancy created by nan passing of her brother, U.S. Sen. Lindsey Graham, astatine nan statehouse Monday, July 13, 2026, successful Columbia, S.C. (Sean Rayford/AP Photo)

This is why Republicans person specified a tenuous clasp connected nan House correct now. 

There are presently 431 members. The breakdown is 218 Republicans, 212 Democrats and 1 Independent who teams up pinch nan GOP. Extended absences by Kean — and to a lesser degree, Rep. Neal Dunn (R-Fla.) because of a awesome bosom information — made it difficult for nan GOP mostly to operate. 

Resignations aliases deaths could really change nan equilibrium of power.

But erstwhile personification is successful a House aliases Senate seat, they’re in. There’s nary succession scheme for health.

Average Americans propose that they would suffer their jobs if they didn’t show up for work. Even pinch a superior wellness condition. 

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But nan aforesaid point happens successful Congress. Every 2 aliases six years. People ballot for nan House and Senate.

Those lawmakers whitethorn successful truth suffer their jobs. But it mightiness conscionable return a very agelong time.