03/29/2021
“Do you believe that the shape of government that was configured by voters should be undone by the death of an office holder.” If the answer is no, the course should be clear. An essential feature of democracy is that it does not depend solely on the beating of a human heart. Presidents, members of Congress and Supreme Court justices do sometimes die in office. But laws can provide for the filling of vacancies in ways that prevent the power struggles and instability that frequently afflict non-democracies when a leader dies. Unfortunately, U.S. laws related to vacancies fail to account for a number of dark possibilities, which combined with our hyperpartisan politics create dangerous incentives for violence and the risk of public upheaval.
OPINION — Presidents, senators and Supreme Court justices sometimes die in office. Replacing them doesn’t have to involve a power struggle.