On Being Noticed During a Pandemic

April 15, 2020

Seth,

I just finished your paper on the Model Continuity of Congress Statute, and wanted to reach out. I’ve always really enjoyed reading your work and, like you, am fascinated by the “overlooked” parts of Article I.

I work for [U.S.] Senator ---- from ----, who [is closely involved in] chang[ing] the Senate Rules to allow temporary remote voting during a period of extraordinary national crisis. My colleague ---- and I are currently working on a report answering questions about the constitutional, procedural, practical, and technological posed by remote voting.

Given your work on the Model Statute, I wanted to see if you would be available to talk more about the constitutional implications of remote voting, including originalist understandings of things like the quorum clause, meetings of Congress clause, and the rules clause. We’ve been kicking the tires on some things and would love to get your perspective.

Thanks so much and hope to hear from you soon.

-/s/

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April 16, 2020, 9:29 PM

Dear ---- and ---- (if I may):

I am sorry it has taken me a day to get back to you. I have been involved with ----- and family, and I only have now seen your e-mail. I am sorry the circumstances are so bad that my continuity-of-Congress work [from circa 2006] has become relevant, but given the circumstances, I want to do anything I can to help you and your colleagues do your very important work. I live in Ireland—some 5 hours ahead of DC time. I am free now Thursday, 10:25 PM Irish time, and I will be up for another hour or so. I will also be available tomorrow (Friday) during business hours (Irish time), and on Sunday, and next week.

My mobile number is -----------

Seth

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My Model Continuity of Congress Statutes starts with: 

An Act to Maintain the Continuity of Congress and the People’s Representation in Government during a National Crisis

Whereas an emergency arising from war, terrorism, the outbreak of disease, or for any other reason, may give rise to the death or to the unexplained absence of congressional members or to their inability to attend, thereby precluding a single house of Congress from reaching or maintaining a quorum, but leaving its sister house with a quorum ....

Seth Barrett Tillman, Model Continuity of Congress Statute, 4 Pierce L. Rev. 191 (2006); 4 U.N.H. L. Rev. 191 (2006), <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=891560>; 

Sanford Levinson, Comment, Assuring Continuity of Government, 4 Pierce L. Rev. 201 (2006); 4 U.N.H. L. Rev. 201 (2006), <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=900607>; 

Seth Barrett Tillman, Overruling INS v. Chadha: Advice on Choreography: A Reply to Professor Sanford Levinson, 4 Pierce L. Rev. 207 (2006); 4 U.N.H. L. Rev. 207 (2006), <http://papers.ssrn.com/abstract=900589>; 

Seth Barrett Tillman, Judge Wyzanski on the Scope of the President’s Adjournment Power, New Reform Club (Apr. 17, 2020, 2:59 AM), <https://reformclub.blogspot.com/2020/04/judge-wyzanski-on-scope-of-presidents.html>; 

Letter from Seth Barrett Tillman to Professor Anonymous, The Quorum Clause (July 2, 2014), <http://ssrn.com/abstract=2462012>; 

and, 

Letter from Seth Barrett Tillman to Jimmy Y T MA, Counsel to the Legislature, Hong Kong Special Administrative Region of the People's Republic of China, Counting Quorums (July 16, 2014), <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2465548>. 

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Seth Barrett Tillman, On Being Noticed During a Pandemic, New Reform Club (Apr. 19, 3:44 AM), <https://reformclub.blogspot.com/2020/04/on-being-noticed-during-pandemic.html>;