Continuity in Government "The Washington Post reports that Arizona law declares vacant a seat of any public official who is unable to discharge his/her duties for a period of three months, which might well apply to Rep. Gifford. As a matter of fact, the provision makes a great deal of sense, if one believes that the citizenry is entitled to 'full representation' (whatever exactly that might mean). What is interesting is whether the provision is constitutional, inasmuch as the Constitution, when listing the criteria for membership in the House or Senate, does not list 'capacity to function' as one of them. And the Court, in its infinite wisdom several years ago declared by a 5-4 vote that it was unconstitutional for a state to add to the criteria set out in the Constitution."
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