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Senator-Governor Klobuchar and the Problem of the Received Wisdom
Amy Klobuchar’s election as Minnesota governor raises a question about whether she must give up her US Senate seat before taking office. The article argues that no law expressly requires her to resign, challenging reports that dual office-holding is prohibited.
The authors say the federal and Minnesota constitutional incompatibility rules do not cover this pairing, and a federal salary law concerns two federal salaries rather than holding both jobs. They also discuss court-made rules on incompatible offices: the roles do not supervise each other, while the practical demands of serving in Minnesota and Washington could pose a question. The Senate might accommodate remote participation, the authors say, and they argue that an unwritten judicial rule should not be treated as a clear legal bar.
In short
- No law expressly bars Klobuchar from holding both offices.
- Practical demands could still complicate serving in both roles.
- The authors question relying on judge-made rules to require resignation.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Klobuchar should be allowed to take office as governor without first resigning her Senate seat because, as the article argues, no statute or constitutional provision clearly bars this pairing. The offices do not supervise one another, and practical difficulties might be managed through Senate arrangements; an unwritten rule should not be treated as a definite legal prohibition.
The case against
Even without an express legal ban, holding both offices could undermine the effective performance of either: governing Minnesota and serving in Washington each demand substantial time and attention. The practical strain may support treating the roles as incompatible, and relying on informal Senate accommodations could leave important duties uncertain or inadequately met.