Friday, June 22, 2012

Proposals to Prevent Discontinuity in Government and Preserve the Right to Elected Representation

Proposals to Prevent Discontinuity in Government and Preserve the Right to Elected Representation

54 SYRACUSE L. REV. 435 (2004)

The purpose of this article is to set out certain problems posed in the event of a devastating attack on the Nation’s capital that leaves many leaders in the legislative, executive, and judicial branches dead, incapacitated, or otherwise unable to perform their duties, and to offer potential solutions to those problems that preserve the people’s right to elected representation and continuity in government. This article describes the background principles upon which various proposed solutions are based. The article is intended to guide interested parties through the sometimes daunting array of statutory and constitutional issues that govern efforts to maintain continuity of government in emergency situations.