Beshear claims there's a constitutional question around McConnell's seat. He's wrong | Opinion
kentucky.com
Kentucky's governor claims a constitutional loophole lets him pick McConnell's Senate replacement — but the opinion says he's reading the wrong clause entirely.
Constitutional InterpretationSeparation of PowersFederalismPrincipal-Agent Problem
Theory Briefing
- Beshear's argument hinges on Section 152 of Kentucky's constitution, which covers vacancies in elective offices — not federally appointed ones.
- The opinion argues Beshear is misreading the clause's reference to offices 'for the...' to manufacture a power the text doesn't grant him.
- Federal law, not state constitutional ambiguity, governs how Senate vacancies are filled — making the governor's theory a stretch, per the piece.
- The dispute matters because whoever fills McConnell's seat could shift the Senate's balance of power.