# Will Obama have to give upe his senate seat ? **URL:** \ **Category:** Factual Questions\ **Created:** [November 4, 2008, 9:43pm UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150 "2008-11-04T21:43:40Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![The\_Flying\_Dutchman](https://avatars.discourse-cdn.com/v4/letter/t/9fc348/32.png) [@The\_Flying\_Dutchman](https://boards.straightdope.com/u/The_Flying_Dutchman)\ **Post date:** [November 4, 2008, 9:43pm UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150/1 "2008-11-04T21:43:40Z")
Is there a constitutional provision that would prevent him from retaining his seat. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [November 4, 2008, 9:46pm UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150/2 "2008-11-04T21:46:43Z")
He only loses the Senate seat if he becomes POTUS. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 4, 2008, 9:47pm UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150/3 "2008-11-04T21:47:15Z")
Yes. Art. I, Sec. 6 provides: > [@Constitution](#): > > No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. ---
**Author:** ![WormTheRed](https://avatars.discourse-cdn.com/v4/letter/w/bbe5ce/32.png) [@WormTheRed](https://boards.straightdope.com/u/WormTheRed)\ **Post date:** [November 4, 2008, 9:48pm UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150/4 "2008-11-04T21:48:09Z")
Will he then give up his senate seat on 11:59 Jan 20, if he wins, or before that? ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [November 4, 2008, 9:52pm UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150/5 "2008-11-04T21:52:11Z")
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. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [November 4, 2008, 9:58pm UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150/6 "2008-11-04T21:58:24Z")
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. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [November 4, 2008, 10:56pm UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150/7 "2008-11-04T22:56:52Z")
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. ---
**Author:** ![Santo\_Rugger](https://avatars.discourse-cdn.com/v4/letter/s/e95f7d/32.png) [@Santo\_Rugger](https://boards.straightdope.com/u/Santo_Rugger)\ **Post date:** [November 4, 2008, 11:10pm UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150/8 "2008-11-04T23:10:47Z")
Who is **upe**? ---
**Author:** ![Mahaloth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mahaloth/32/1079_2.png) [@Mahaloth](https://boards.straightdope.com/u/Mahaloth)\ **Post date:** [November 5, 2008, 2:54am UTC](https://boards.straightdope.com/t/will-obama-have-to-give-upe-his-senate-seat/471150/9 "2008-11-05T02:54:27Z")
> [@Santo\_Rugger](#): > > Who is **upe**? 😃