Is there a constitutional provision that would prevent him from retaining his seat.
He only loses the Senate seat if he becomes POTUS.
Art. I, Sec. 6 provides:
Will he then give up his senate seat on 11:59 Jan 20, if he wins, or before that?
I think John F. Kennedy was the last Senator to be elected as President of the US. He resigned from the Senate on December 22, 1960, i.e., after the election, but before taking up office as President.
If Obama gave up his seat before the new Congress was sworn in, wouldn’t his replacement have less seniority than the new members? If he gave it up before, like JFK, would his replacement have more? Since Illinois has a Democratic governor, I’d suspect he will give it up before the beginning of next year.
If Obama (or McCain) resigns and a replacement is sworn in before the new Congress convenes, the replacement will have more seniority than the new Senators, by virtue of being sworn in earlier.
Who is upe?