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Trinsey v. Pennsylvania
''Trinsey v. Pennsylvania'' 941 F.2d 224 was a case decided by the United States Court of Appeals for the Third Circuit that confirmed the validity of special elections held without a primary under the Fourteenth and Seventeenth Amendments to the United States Constitution. The case came about due to the death of H. John Heinz III, one of the US Senators from Pennsylvania, in a plane crash on April 4, 1991. Under the Seventeenth Amendment, state legislatures may give the Governor the power to appoint officials to fill temporarily vacant Senate seats until a special election can be held, and Pennsylvanian law contained a statute executing this and requiring no primaries for the special election. Instead, both the Democrats and Republicans would each internally select their candidates. John S. Trinsey Jr., a voter and potential candidate, asked the United States District Court for the Eastern District of Pennsylvania to declare the statute unconstitutional as a violation on the Fourteenth and Seventeenth amendments, because the lack of a primary removed his right to properly vote for candidates and delegated that power to political parties.
After deciding that the statute's subject matter necessitated the strict scrutiny approach, the District Court decided on June 10, 1991 that it was an unconstitutional violation of the right to vote for and select Senate candidates. This decision was appealed to the Court of Appeals for the Third Circuit, who decided against the use of the strict scrutiny approach and, in its absence, ruled that the statute was not a violation of the Fourteenth and Seventeenth Amendments. Academics have been critical of both the decision reached and the approach used, with one suggesting that the "substantial state interests" test used in ''Valenti v. Rockefeller'' would be more appropriate.〔Gold (1992) p.216〕
==Background==
On April 4, 1991 H. John Heinz III, one of the US Senators from Pennsylvania, was killed when his chartered plane collided with a helicopter inspecting its landing gear. Under the Seventeenth Amendment to the United States Constitution, the legislature of each state has the power to permit the governor to fill the vacant seat until a special election can be held.〔Vile (2010) p.197〕 In Pennsylvania, this power had been delegated, and Governor Robert P. Casey signed a writ on May 13, 1991, declaring November 5 the date for a special election and temporarily appointing Harris Wofford to fill Heinz's now-vacant seat.〔Gold (1992) p.202〕 Under Pennsylvanian law, there was no need for a primary in such a situation; instead, both the Democrats and Republicans would each internally select their candidate, who would run in the special election. John S. Trinsey Jr., a member of the Pennsylvanian electorate and potential candidate, challenged the constitutionality of this law, claiming that it violated his rights under the Fourteenth and Seventeenth Amendments.〔Gold (1992) p.203〕
Trinsey argued that, by failing to allow for primaries, the state legislation prevented him from getting to select a candidate of his choice, and that this violated the Fourteenth Amendment; the terms of the statute (and absence of a requirement for primaries) also allegedly infringed the rights of the electorate under the Seventeenth Amendment, which required the selection of Senators by popular vote; Trinsey's complaint was that the legislation had effectively delegated the power to choose candidates to political parties rather than the electorate.〔Novakovic (1992) p.940〕 Accordingly, Trinsey filed a motion for a declaratory judgment to state that the statute was unconstitutional, and also requested that Wofford be removed from his seat. Counsel for the Commonwealth of Pennsylvania, joined by the office of the Governor, argued that the constitution did not require the holding of primary elections to fill vacancies, and that the statute "protected valid and compelling state interests in protecting the validity of the electoral process and limiting the term of a ()appointed Senator".〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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