Continuity of Congress

But for the heroic efforts of the passengers of United Flight 93, that plane might very well have crashed into the Capitol building when Congress was in session. The resulting deaths and injuries might have caused the Congress to cease functioning altogether for a number of months.

There are two issues that threaten the continuity of Congress after a terrorist attack: mass vacancies and incapacitated members. The issue of mass vacancies affects the House of Representatives where vacancies are filled only by special election, unlike the Senate where governors may make immediate temporary appointments. Special elections are governed by state laws, and, on average, it takes four months to elect a new member to fill a vacant seat. Depending on the number of vacancies, the House might not even be able to field a quorum, or it might have to operate with a skeleton crew of members not representative of the country as a whole.

The second issue of incapacitated members affects both the House and the Senate. Neither body has regular procedures to deal with incapacitated members. In the past, members who have serious incapacities that prevent them from performing their duties were left in place until the end of their terms. If a large number of members were temporarily unable to perform their duties due to injuries or infectious diseases, both bodies might not be able to function because of a lack of a quorum.

In the 1950s and 60s, the Senate passed three constitutional amendments giving governors the power to make temporary appointments to fill House vacancies when there were mass vacancies. The House did not act on these measures.

After September 11th, Norman Ornstein wrote "What if Congress were Obliterated?" in Roll Call addressing this very issue. On a parallel track, Congressman Brian Baird introduced H.J. Res. 67. A number of other proposals have been introduced or suggested. There have also been a number of hearings before committees in the House.