Critical Analysis

1. Members of Congress sometimes resign and leave office before their terms expire, whether for another work opportunity (inside government or outside) or because of a scandal. Less predictable circumstances, like a member’s health problems or even death, also affect whether the House is at capacity. According to the data from the visual above, did the 117th Congress which lasted from 2021-January 3, 2023 have any days with zero vacancies?

2. The current 118th Congress began with one House seat empty because Virginia Rep. Donald McEachin won reelection in November 2022 but died later that month. Jennifer McClellan was elected on Feb. 21, 2023 to fill his old seat, and when she was sworn in to office on March 7, 2023 there were zero vacancies in the U.S. House. However, on February 21, Rep. David Cicilline of Rhode Island announced that he would resign effective June 1 to become CEO of the Rhode Island Foundation. A special elections were held in Rhode Island's 1st Congressional District on November 7, 2023; and in Utah’s 2nd Congressional District, whose representative left to run for Senate on November 21, 2023. As of Tuesday, November 28, 2023 when Celeste Maloy was sworn in to the U.S. House there were no vacancies in the House. However, three days later, on December 1, George Santos was expelled from Congress, leaving his seat empty. Did the 118th Congress have any days in 2023 with a zero vacancies?

3. Identify one trend from the visual above.

4. “When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.” — U.S. Constitution, Article I, section 2, clause 4. House vacancies can be caused by death, resignation, declination, withdrawal, or House action like expulsion, but the Constitution requires that they be filled by election. The law concerning Members elected to fill vacancies varies according to when the vacancy occurs and applicable state law. All states, territories, and districts require special elections to fill any vacant House seats during the first session (the first year) of a two-year Congress. During the second session (year) of a Congress, however, procedures often vary depending on the amount of time between the vacancy and the next general election. Now that we are in the first session of the 118th Congress, how will House vacancies that occur this year be filled?

5. George Santos was expelled from the U.S. House on December 1, 2023 when The House voted 311-114 to pass a resolution expelling Santos from Congress. Santos was only the fifth member of the U.S. House ever to be expelled. Do you think the U.S. House should be able to override the will of the voters who put congressman Santos into office. Among the many allegations that led to Santos’ expulsion, include his personal use of campaign contributions with purchases of "$4,127 at Hermès; "smaller purchases" at OnlyFans, a website that hosts adult content, and makeup store Sephora; $6,000 at Ferragamo; nearly $3,000 on Botox; and $3,332 for an Airbnb. According to New York State law, Gov. Kathy Hochul has 10 days to declare a special election to replace George Santos, which will then take place in mid- to late February. How does this special election illustrate the concept of federalism?

6. Some people argue that because representation is such a fundamental part of our system of government that the political party that holds a seat at the time of a vacancy should have the power to immediately fill the seat with the person of their choice. Others argue, that precisely because representation is such a fundamental part of our system of government, that upon the vacancy of a seat there should be a special election within one week. Make a claim about what method would be best for filling House vacancies.

7. In the spring of 2021, appointments to President Biden’s administration opened up House seats in Louisiana, New Mexico and Ohio. How does this illustrate the concept of checks and balances?

8. The short list of qualifications for serving in the U.S. House that are outlined in Article I, Section 2 of the Constitution imposed just three qualifications for members of the House. Members must: (1) be at least twenty-five years old, (2) have been a citizen for seven years, and (3) be an inhabitant of the state from which he is selected. If you were to rewrite this section of the Constitution, what House qualifications would you impose?

9. The differences in how House and Senate vacancies are filled can be traced to the Framers’ debates over how to create Congress. Having two chambers in Congress is part of the Federal Government’s checks-and-balances: Each chamber may stop the other’s legislation. In Federalist 51, James Madison noted that “different modes of election” is one way to “remedy” the likelihood of legislative tyranny. Hence, the House was to be elected by the people and the Senate by state legislatures. Additionally, having the state legislatures elect Senators greatly reinforced the idea that the Senate was to represent states, their sovereignty, and their governments. Now that the 17th Amendment allows for the direct election of Senators, make a claim about whether states have lost too much power making our legislature “tyrannical”?

10. In September, 2024 George Santos faces 23 felony charges, ranging from identity theft to wire fraud, and up to 22 years in federal prison. He has pleaded not guilty on all counts. There is no law banning George Santos from running for the House. If you were a member of the U.S. House, explain whether you would vote for a bill banning convicted members of the House from running for reelection?

Learning Extension

Read the FiveThirtyEight story about the full House in the 118th Congress.

Action Extension

Find our when your Congressional representative and Senators were first elected or appointed to office. Share their story with class.

Visual Extension