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Did Strange becomes US Senator automatically upon appointment by Governor Bentley? Or does he only become US Senator upon being sworn in? If the latter, edits to the contrary are premature.
GoodDay (
talk) 16:07, 9 February 2017 (UTC)reply
The usual rule is appointed Senators take office immediately upon being appointed. However, a Senate appointment may not take effect immediately if they hold other federally disqualifying office from which they must resign first (eg, Representative
Kirsten Gillibrand was appointed on January 23, 2009, but could not take her seat in the Senate until she resigned from the House - her House resignation became official on January 26, 2009, and thus her Senate service began on January 26). Or the case of
Roland Burris, whose appointment was stalled when the Senate rejected his credentials due to the Blagojevich scandal. However, barring those few exceptions, it is generally the case that appointed Senators take office on the day they are appointed, regardless of the date of oath-taking or swearing in.
The point is (with few exceptions), swearing in or oath-taking does not make you a Senator - being appointed makes you a Senator. Also, consider how newly-elected Representatives and Senators assume their offices automatically on January 3 following the election, regardless of what actual date Congress convenes for the ceremonies. For example, the
114th United States Congress did not initially meet until January 6, 2015 (and thus, all of the newly-elected members from the 2014 elections took their oaths on January 6), but all of the actual terms of service began on January 3. Canuck89(chat with me) 00:59, February 10, 2017 (UTC)
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