In a 2-part series for Justia.com, Dean Vikram Amar and Professor Jason Mazzone analyze some of the Seventeenth Amendment issues presented in a case pending before the Oklahoma Supreme Court.
In part one, Amar and Mazzone consider whether a state can hold a special election while the Senate seat is still occupied, and whether the possibility of a substantial lag between a special election and actual replacement matters. In part two, they consider whether Senator Jim Inhofe’s promise to resign is enforceable and whether there is anything else Inhofe (and the state) could do to vindicate his (and its) wishes.
Read Part I.
Read Part II.