Senator Marsha Blackburn, fresh off her GOP Primary victory and headed towards what appears to be a win in November has said she plans to resign her Senate seat AFTER being sworn in as Governor next January.That would enable her to appoint her replacement to the Senate rather than lame duck Governor Bill Lee.
Blackburn was elected to a second six year term in November, 2024. The appointed successor would have to run for a special election in 2028 for the two year balance of the term. The seat would again be up for grabs in 2030.
It is expected that President Donald Trump will seek to influence the selection of a successor Senator if Blackburn successfully claims the Governor’s office in January. He would obviously prefer a dependable conservative in the seat having experienced ongoing problems advancing his MAGA agenda in the Senate thanks to a handful of squishy moderate Republicans, e.g. Thune, Murkowski, Tillis, Cornyn, etc. He, and most conservatives, don’t want Tennessee to add to the list. Is her announcement that she will make the pick a subtle rejection of Trump, who failed to endorse her in the primary but has now finally endorsed her? It is certainly an emasculation of Lee, who would be expected to make the appointment once Blackburn resigns prior to her inauguration.
Blackburn’s plan to delay any resignation until she is sworn in as Governor raises several important issues. First, a person cannot hold the office of Tennessee governor and serve as a U.S. senator at the same time. The U.S. Constitution prohibits a member of Congress from holding any other office under the United States, and state separation-of-powers principles prevent holding both state and federal executive/legislative roles simultaneously.
Second, Article II, Section 26 of the Tennessee Constitution specifically provides that No person can hold more than one lucrative office at the same time, except for specific roles like a justice of the peace, notary public, or militia officer. Both the position of U.S. Senator and Governor are obviously paid positions and therefore subject to this Constitutional provision. Does Blackburn intend to ignore it?
The Tennessee Constitution, in Article III, Section 13, also specifies that the Governor of Tennessee cannot hold any other office under the state or the federal government while serving as governor.
So, when Blackburn will presumably place her hand on a Bible on January 16, 2027 to take the oath of office as Governor, promising to uphold the US and Tennessee Constitutions, she will be violating both by virtue of serving simultaneously as Governor and Senator at that point. In other words, does she actually plan to begin her term as Governor by openly and brazenly breaking the law?
Even if moments later she signs one document resigning as Senator and another as Governor naming her replacement, it doesn’t change the law the timing or the facts…even if only short term.
Blackburn’s planned scheme to appoint a successor in mid-January has other significant negative consequences for Tennessee. Under Tennessee law the Governor takes office on the first Saturday after January 14 following the election. Newly elected U.S. Senators take office on January 3, with organizational activities, such as office assignments, staffing, committee assignments, etc., occurring between the November election and that date.
Under the Blackburn timetable, the newly appointed Tennessee Senator would assume a seniority position in the Senate behind every newly elected Senator who assumed office weeks earlier. Actually Tennessee’s new Senator would be DEAD LAST in seniority behind as many as six or eight newly elected senators and the entire body.
Alternatively, if Marsha had Tennessee’s continued representation in the Senate as a high priority, she could resign shortly after being elected in November, focus her time in December and early January on smoothly transitioning into the governor’s office, and allow Lee to make the appointment, arguably with input from both her and President Trump. The new appointee would take office immediately at that time. He or she would vault AHEAD of all the other newly elected senators in November in terms of seniority in the Senate. More clout, more impact and influence for Tennessee.
Is there an insidious angle to her plan other than some personal agenda to claim the selection is “mine, all mine” regardless of the obvious negative impact on Tennessee’s power in the Senate? Will her advisors and consultants be being paid big dollars from those seeking the appointment as they try to gain an advantage and purchase influence over Marsha’s decision? In the event she becomes Governor, will her Senate seat be auctioned to the highest bidder?
Over the next several months moving towards the November election there will be a lot of speculation over WHO will be appointed to fill the Senate vacancy if Marsha Blackburn is elected. The more important question is HOW!
Steve Gill is editor and Publisher of TriStar Daily.
