California Senator Dianne Feinstein’s return to Senate duty highlights the chamber’s struggle with issues of ageing, illness, and absence, which have long been a part of its history.
Senatorial absenteeism History: Feinstein, the oldest member currently in the Senate, had been missing much of the current session due to health issues, resulting in her missing 91 votes, more than any other senator.
* Her absence also delayed the confirmation of several of President Biden’s appointments, as her vacant judiciary committee seat resulted in a tie among Democrats.
* Feinstein has refused to resign despite public calls from some Democrats for her to do so.
* This triggers questions about the Senate’s means of handling absences due to old age or sickness, issues that have been present throughout its history.
Historical Precedents: Previous senators have continued their duties despite serious health conditions, often casting votes in dramatic circumstances.
* California Senator Clair Engle, despite recovering from brain tumor surgery, was carried into the Senate chambers to cast a crucial vote for the Civil Rights Act in 1964.
* Senator Pete Wilson, after undergoing emergency surgery for acute appendicitis, was transported from a hospital by ambulance to cast a pivotal vote on a Reagan budget plan.
Institutional Issues Overview: The Senate has been faced with the problem of long-term senator absences due to health issues, but definitive solutions have not been sought.
* Instances of long-term absence due to illness or ageing were not anticipated by the framers of the Constitution.
* The Senate retains the power to expel members, but such a drastic action would require a two-thirds vote and faces significant opposition due to its potential partisan impact.
* One proposal suggested the Senate adopt a system for proxy voting, with senators casting votes remotely when they’re unable to be physically present.
Future Implications: Feinstein’s case exemplifies the Senate’s need to resolve its internal issues properly, especially given the critical role each senator plays in closely divided legislatures.
* Feinstein’s recent illness has yet to generate a major crisis, but her party’s current one-seat majority in the Senate could make such a crisis imminent at any moment.
* The Senate’s dependence on the individual ability of its members raises questions about its overall viability in the face of unpredictable health incidents.
* As yet, no clear standard for handling such issues consistently has been established, leaving the Senate to grapple with its internal struggles.
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