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Michael Seifert
Michael Seifert
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No, action cannot be taken by the remaining Congresspeople1

Section 5 Clause 1 of the Constitution says:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business;

There are 100 senators and 435 members of the house - you need 51 senators and 218 members for each house to "do Business". Until at least half the vacancies are filled no business of Congress can be conducted.

When there are casual vacancies in the Senate (e.g. because the Senator got blown up during the State of the Union), the Seventeenth Amendment requires that an election be held to choose a replacement. The amendment also allows states to empower their governors to appoint a replacement until such election can be held. In practice, mosta majority of states (but by no means all) states allow the governor to appoint a replacement, and then hold an election for the replacement at the time of the next general election. In principle, so long as a sufficient number of state governors survived the attacks, a replacement Senate could be appointed fairly quickly.

When there are casual vacancies in the House, the legislature of the relevant state has to call an election to fill the vacancy (Section 2 Clause 4).

1 My recollection is that there was more than one survivor and I distinctly remember the Speaker was a woman.

No, action cannot be taken by the remaining Congresspeople1

Section 5 Clause 1 of the Constitution says:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business;

There are 100 senators and 435 members of the house - you need 51 senators and 218 members for each house to "do Business". Until at least half the vacancies are filled no business of Congress can be conducted.

When there are casual vacancies in the Senate (e.g. because the Senator got blown up during the State of the Union), the Seventeenth Amendment requires that an election be held to choose a replacement. The amendment also allows states to empower their governors to appoint a replacement until such election can be held. In practice, most (but by no means all) states allow the governor to appoint a replacement, and then hold an election for the replacement at the time of the next general election. In principle, so long as a sufficient number of state governors survived the attacks, a replacement Senate could be appointed fairly quickly.

When there are casual vacancies in the House, the legislature of the relevant state has to call an election to fill the vacancy (Section 2 Clause 4).

1 My recollection is that there was more than one survivor and I distinctly remember the Speaker was a woman.

No, action cannot be taken by the remaining Congresspeople1

Section 5 Clause 1 of the Constitution says:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business;

There are 100 senators and 435 members of the house - you need 51 senators and 218 members for each house to "do Business". Until at least half the vacancies are filled no business of Congress can be conducted.

When there are casual vacancies in the Senate (e.g. because the Senator got blown up during the State of the Union), the Seventeenth Amendment requires that an election be held to choose a replacement. The amendment also allows states to empower their governors to appoint a replacement until such election can be held. In practice, a majority of states (but by no means all) allow the governor to appoint a replacement, and then hold an election for the replacement at the time of the next general election.

When there are casual vacancies in the House, the legislature of the relevant state has to call an election to fill the vacancy (Section 2 Clause 4).

1 My recollection is that there was more than one survivor and I distinctly remember the Speaker was a woman.

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Michael Seifert
Michael Seifert
  • 7.4k
  • 1
  • 25
  • 37

No, action cannot be taken by the remaining Congresspeople1

Section 5 Clause 1 of the Constitution says:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business;

There are 100 senators and 435 members of the house - you need 51 senators and 218 members for each house to "do Business". Until at least half the vacancies are filled no business of Congress can be conducted.

When there are casual vacancies in the Senate (e.g. because the Senator got blown up during the State of the Union) the Legislature of, the relevant State willSeventeenth Amendment requires that an election be held to choose a replacement. The amendment also allows states to empower their governors to appoint a replacement oruntil such election can be held. In practice, if that legislature is recessedmost (but by no means all) states allow the governor to appoint a replacement, and then hold an election for the Executive (Governor)replacement at the time of that State will appointthe next general election. In principle, so long as a temporary Senator untilsufficient number of state governors survived the legislature appointsattacks, a permanent replacement (Section 3 Clause 2)Senate could be appointed fairly quickly.

When there are casual vacancies in the House, the legislature of the relevant state has to call an election to fill the vacancy (Section 2 Clause 4).

1 My recollection is that there was more than one survivor and I distinctly remember the Speaker was a woman.

No, action cannot be taken by the remaining Congresspeople1

Section 5 Clause 1 of the Constitution says:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business;

There are 100 senators and 435 members of the house - you need 51 senators and 218 members for each house to "do Business". Until at least half the vacancies are filled no business of Congress can be conducted.

When there are casual vacancies in the Senate (e.g. because the Senator got blown up during the State of the Union) the Legislature of the relevant State will appoint a replacement or, if that legislature is recessed, the Executive (Governor) of that State will appoint a temporary Senator until the legislature appoints a permanent replacement (Section 3 Clause 2).

When there are casual vacancies in the House, the legislature of the relevant state has to call an election to fill the vacancy (Section 2 Clause 4).

1 My recollection is that there was more than one survivor and I distinctly remember the Speaker was a woman.

No, action cannot be taken by the remaining Congresspeople1

Section 5 Clause 1 of the Constitution says:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business;

There are 100 senators and 435 members of the house - you need 51 senators and 218 members for each house to "do Business". Until at least half the vacancies are filled no business of Congress can be conducted.

When there are casual vacancies in the Senate (e.g. because the Senator got blown up during the State of the Union), the Seventeenth Amendment requires that an election be held to choose a replacement. The amendment also allows states to empower their governors to appoint a replacement until such election can be held. In practice, most (but by no means all) states allow the governor to appoint a replacement, and then hold an election for the replacement at the time of the next general election. In principle, so long as a sufficient number of state governors survived the attacks, a replacement Senate could be appointed fairly quickly.

When there are casual vacancies in the House, the legislature of the relevant state has to call an election to fill the vacancy (Section 2 Clause 4).

1 My recollection is that there was more than one survivor and I distinctly remember the Speaker was a woman.

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Dale M ♦
Dale M ♦
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  • 588

No, action cannot be taken by the remaining Congresspeople1

Section 5 Clause 1 of the Constitution says:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business;

There are 100 senators and 435 members of the house - you need 51 senators and 218 members for each house to "do Business". Until at least half the vacancies are filled no business of Congress can be conducted.

When there are casual vacancies in the Senate (e.g. because the Senator got blown up during the State of the Union) the Legislature of the relevant State will appoint a replacement or, if that legislature is recessed, the Executive (Governor) of that State will appoint a temporary Senator until the legislature appoints a permanent replacement (Section 3 Clause 2).

When there are casual vacancies in the House, the legislature of the relevant state has to call an election to fill the vacancy (Section 2 Clause 4).

1 My recollection is that there was more than one survivor and I distinctly remember the Speaker was a woman.