Sujit Choudhry Takes A Look At Replacement Of A Senator

Sujit Choudhry; a renowned constitutional lawyer, recently went ahead to debunk the constitutional provisions that surround the replacement of a senator. This came in the wake of the sudden death of Senator John McCain who succumbed to brain cancer. Sujit says as much as it may be important to talk about his legacy, it is equally vital that we look at the constitutional provisions regarding the mechanisms of his replacement.

In his bid to look at the processes relating to the replacement of a senator who resigns, dies or is elected as president, Sujit makes reference to the Seventeenth Amendment. This amendment states that the governor of the state whose senator has died, resigned or elected president ought to appoint an acting senator until a time when an election takes place. However, this amendment is quite flexible and can be applied in several ways.

It would, however, be noted that this provision also works differently based on the states involved. Arizona, for instance, is one of the 36 states that allow the appointed senators to run for the seat in the next general election but can also step down in cases where the appointment was temporary. For the other 14 states, however, a special election has to be called. Notably, 4 states forbid the governor from making an appointment until the next general election is done.

Sujit Choudhry is an internationally recognized law guru who has been involved in the constitutional development of several countries. He holds a law degree from Toronto, Oxford and Havard. He has previously served as a law clerk for the supreme court of Canada’s Chief Justice, Antonio Lamer.

Professor Choudhry’s research focuses on a variety of issues especially in the field of comparative constitutional law and politics. He has mastered constitutional design as a tool that can help manage the transition from the state of violent conflict to a peaceful democratic process.

In the course of his research, Sujit Choudhry has managed to publish well over ninety articles, working papers, book chapters and reports. He currently serves as the director of the Center for Constitutional Transitions that offers evidence-based policy options.

Read more about Choudhry here

Sujit Choudhry Comments on Eric Holder Tweet in New Book

Sujit Choudhry was recently featured in a new book. In the book he discusses his thoughts on a tweet from Eric Holder near the end of 2017. The book is called Constitutional Democracies in Crisis?

Eric Holder is the former Attorney General under the Obama administration. The tweet from December was all about Donald Trump and Robert Mueller. Eric Holder suggested that if the White House fired Robert Mueller from his position as special council, the American citizens would ultimately be the ones to decide if it the decision would stand or not. Eric Holder describes the scenario as an absolute red line. It is unknown if he means it is a red line to the justice system or if it is a red line that citizens will not stand for.

Choudhry discusses all possible meanings at length in his chapter in Constitutional Democracies in Crisis.

If the American public does not protest if Donald Trump somehow fires Robert Mueller, it means the American population has decided it is okay for politicians to abuse their position. If the outrage is too high after such a controversial action then it could be the end of Trump.

Sujit goes into further detail in the new book.

Choudhry explains that Holder’s message is formed from a background in “constitutional self-enforcement “and are “built around the concept of a focal point”, (  However, Choudhry points out the peculiar fact that Holder doesn’t make any mention of the legal repercussions of firing special council Mueller. The fact is peculiar for the simple reason that Eric Holder was at once point in time the head law enforcement agent in the entire United States. The FBI, CIA, and NSA all answered to Holder during his time as Attorney General.

About Sujit Choudhry

Sujit Choudhry is a law professor and an expert in politics and constitutional law. His expertise has enabled him to travel the world during international lectures. Refer to for more about Choudhry.

Choudhry, as a constitutional adviser and other positions, works for the Center for Constitutional Transitions, World Bank Institute at the World Bank, the United Nations Development Program and the United Nations Mediation Roster.

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