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I wasn't trying to maintain that it was. My original comment was if the legislature passed a bill reroactively shortening the 51 day to three weeks, this court would probably uphold it.

I don't consider the passage of a new law a likely event.

Well. Of course I agree with you completely. But NJ law is quite adequate to the task (despite what judge Napolitano says)

Let's make this simple, shall we? We'll start with a part of the law that nobody is paying any attention to:

"The governor of this state may make a temporary appointment of a senator of the United States from this state whenever a vacancy shall occur by reason of any cause other than the expiration of the term;"

Now. Implicit in this law is that the end of the (constitutional six-year) term causes a vacancy. You must see that, right?And nothing in this law will change the fact that a vacancy will be created on January 3rd (the constitutional end of the term)

So how does that vacancy get filled?
By the general election that happened two months before the vacancy! The law specifically forbids the Gov to fill that vacancy!

That's the normal order of business. The end of the term causes a vacancy and the general election fills that vacancy. Have you seen anything here that would overide that? It's right in the NJ law and the Constitution sets the term and the date of election.

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