Life Without a Lieutenant Governor

(It just might happen in Delaware.)


Published:

Winston Churchill’s cousin-by-marriage was a duchess who famously called her two sons the “heir and the spare.”

That is, the elder heir to prolong the ducal line, the younger spare in case something happens to the heir.

Not just the British aristocracy needs a backup. So does an American democracy. Give it a constitutional twist, and out pops the president and vice president, the governor and lieutenant governor.

Not the “heir and the spare,” but maybe the “chief and relief” or the “ace and in-case”?

In Delaware, precious little attention gets paid to the lieutenant governor. It is like the silent E at the end of the state’s name—simply something that has to be there.

Still, what if there were no lieutenant governor? A lieutenant governor might not be too interesting, but the absence of
a lieutenant governor is.

As a matter of fact, it is a constitutional crisis, and it looks like it is about to happen. The upcoming election is the reason for it.

What was a quiet little campaign season was shockingly upended when Beau Biden announced in April he would sit this one out. Instead of running for a third term as the Democratic attorney general in 2014, he decided to go for governor in 2016.

The chain reaction brought Matt Denn, the Democratic lieutenant governor, into the attorney general’s race. It is logical to think Denn will win. Not only has he already been elected statewide three times, once as insurance commissioner and twice as lieutenant governor, but he had no opponent as of press time. That generally does it.

If Denn becomes the attorney general, there will still be two years left on his term as lieutenant governor. This is the tricky part.

The state constitution does not provide any mechanism for replacing a lieutenant governor. It leaves the office vacant.

In contrast, there is a way to fill every other statewide vacancy. The governor is succeeded by the lieutenant governor. An opening for a congressman or congresswoman requires a special election. The rest are replaced through an appointment by the governor.

It can happen. In fact, it happened not that long ago. Ruth Ann Minner, the Democratic governor from 2001 to 2009, had to fill two vacancies. She made Ted Kaufman the Democratic U.S. senator when Joe Biden became the Democratic vice president, and she flipped the attorney general from Republican to Democrat by giving Jane Brady a judgeship, then plugging in Carl Danberg.

Only the lieutenant governor disappears, not to return until the office comes up again for election. This was not an oversight. The delegates who wrote the state constitution in 1897 meant it to be that way.

As one of the delegates said dismissively, “I do not see that there is a particle of necessity for the election of a lieutenant governor in case of the office becoming vacant.”

Actually, Delaware did not even have a lieutenant governor before the delegates created the office, which was set up to be elected separately from the governor as another potential check-and-balance.

The delegates did think enough of the office to put it first in the line of gubernatorial succession—which runs from the governor through the lieutenant governor, the secretary of state and the attorney general—but not enough to treat it differently from the federal model for a vacated vice presidency.

This was the late 19th century. In those days, the vice president did not warrant a replacement. It changed with the 25th Amendment, adopted in 1967 after John F. Kennedy was assassinated. Since then, the president has been empowered to appoint a vice president confirmed by the entire Congress, as transpired when Richard Nixon appointed Gerald Ford to replace the disgraced Spiro Agnew. It happened again when Ford replaced the disgraced Nixon and appointed Nelson Rockefeller.

The delegates were quite blunt in their thinking. People could look it up in the official record, called “Debates and Proceedings of the Constitutional Convention of the State of Delaware.” Here is what they said.

Joshua Ellegood: Under this as it now stands, if the lieutenant governor was to die, you would be virtually without one, wouldn’t you?

William Spruance: Yes. That is the idea…

Andrew Johnson: I cannot see any good reason why a lieutenant governor should not be elected in case of the succession of the lieutenant governor to the governorship…

William Spruance: I do not think that is practical or desirable. It is not done for the vice president of the United States…I do not see that there is a particle of necessity for the election of a lieutenant governor in case of the office becoming vacant.

That was the last word for the next 117 years.

Delaware actually has been without a lieutenant governor in three instances, not that it mattered much because it was for such a short time. In each case, the sitting governor was elected to the Congress, and the lieutenant governor covered the remaining two or three weeks of the term. As it happened, all of the governors were replaced by lieutenant governors of the same party.

Dave Buckson came in for Caleb Boggs, elected as a Republican senator in 1960, Dale Wolf filled in for Mike Castle, elected a Republican congressman in 1992, and Minner took over for Tom Carper, elected a Democratic senator in 2000, before starting her own term.

The situation with Matt Denn is different, however, and it has state legislators wondering if they ought to adopt a constitutional amendment that would spell out a way to get a new lieutenant governor.

The legislators have taken a look at a couple of ideas. One proposal would have the governor appoint a new lieutenant governor, from the same party as the previous lieutenant governor, and subject to confirmation by the Senate. Another proposal would have the voters decide on a new lieutenant governor in a special election.

If the legislators do nothing, then nothing is what the state could wind up having for a lieutenant governor. It would be as if Churchill’s cousin stopped at one son and called it the “heir and don’t care.” 

 

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February 2018

A winter warm up of colorful, vibrant paintings. Marlene Dubin - bold mixed media abstracts; Elaine Lisle - regional landscapes in oil; Mary Ann Weselyk – whimsical animals and still life...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
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Telephone: 302-654-8638
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This community-curated exhibition brings together three painters—Alan Soffer, Brian Dickerson, and Moe Brooker—who are attuned to harmonies and contrasts in abstract forms. Each artist...

Cost: Free with Museum admission

Where:
Delaware Art Museum
2301 Kentmere Parkway
Wilmington, DE  19806
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Website »

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The Philly Home + Garden Show will return to the Greater Philadelphia Expo Center at Oaks February 16-18. The show will feature highly-interactive exhibits including a full scale model smart home,...

Cost: 10

Where:
Greater Philadelphia Expo Center
100 Station Ave
Oaks, PA  19456
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Sponsor: MarketPlace Events
Contact Name:

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By Simon Stephens (playwright of "The Curious Incident of the Dog in the Night-Time") Directed by Matt Pfeiffer REGIONAL PREMIERE! Amidst the bustle of a crowded London train...

Cost: Varies

Where:
Delaware Theatre Company
200 Water Street
Wilmington, DE  19801
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The Rehoboth Beach Film Society in partnership with The Southern Delaware Alliance for Racial Justice are proud to present the inaugural Rehoboth Beach African-American Film Festival. The mission...

Cost: $10

Where:
Cinema Art Theater
17701 Dartmouth Drive, #2
Lewes, DE
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Sponsor: Rehoboth Beach Film Society
Telephone: 302-645-9095
Contact Name: Jeri Kaplan
Website »

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"Choir Boy" presents a complex look at race and sexuality. Shows are at 8pm on February 16 and 17; there is a 2pm matinee on Sunday February 18. Buy tickets online at www.WilmingtonDramaLeague.org.

Cost: $10-$15

Where:
Wilmington Drama League
10 West Lea Blvd.
Wilmington, DE  19802
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Sponsor: Wilmington Drama League
Telephone: 302-764-1172
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"What the water said…Flowers, Places, & Faces," an exhibition of watercolor paintings by Hugh Phibbs, will be on view in the Mezzanine Gallery from February 2-23, 2018. A free...

Cost: Free

Where:
Mezzanine Gallery
Carvel State Office Building, 2nd Floor
820 N. French St.
Wilmington, DE  19801
View map »


Sponsor: Delaware Division of the Arts
Telephone: 302-577-8278
Contact Name: Roxanne Stanulis
Website »

More information

A winter warm up of colorful, vibrant paintings. Marlene Dubin - bold mixed media abstracts; Elaine Lisle - regional landscapes in oil; Mary Ann Weselyk – whimsical animals and still life...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

By Simon Stephens (playwright of "The Curious Incident of the Dog in the Night-Time") Directed by Matt Pfeiffer REGIONAL PREMIERE! Amidst the bustle of a crowded London train...

Cost: Varies

Where:
Delaware Theatre Company
200 Water Street
Wilmington, DE  19801
View map »

More information

Tickets are $15 adults; $10 UD faculty/staff/alumni & seniors; $5 students. Tickets are available at the door. Cash or check only.

Cost: $15 adults; $10 UD faculty/staff/alumni & seniors; $5 students

Where:
Gore Recital Hall
110 Orchard Rd
Newark, DE  19716
View map »


Sponsor: University of Delaware Department of Music
Telephone: 130-283-12578
Contact Name: Megan Everhart
Website »

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"What the water said…Flowers, Places, & Faces," an exhibition of watercolor paintings by Hugh Phibbs, will be on view in the Mezzanine Gallery from February 2-23, 2018. A free...

Cost: Free

Where:
Mezzanine Gallery
Carvel State Office Building, 2nd Floor
820 N. French St.
Wilmington, DE  19801
View map »


Sponsor: Delaware Division of the Arts
Telephone: 302-577-8278
Contact Name: Roxanne Stanulis
Website »

More information

A winter warm up of colorful, vibrant paintings. Marlene Dubin - bold mixed media abstracts; Elaine Lisle - regional landscapes in oil; Mary Ann Weselyk – whimsical animals and still life...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

Nanticoke Memorial Hospital will host a four-session diabetes educational program, The Diabetes Connection, on February 6, 13, 20 and 27 from 9:30 am to 11:30 am. Pre-registration is required. As...

Cost: Call for cost.

Where:
Nanticoke Memorial Hospital
801 Middleford Road
Seaford, DE  19973
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Telephone: 302-629-6611 x2288
Contact Name: Nanticoke's Diabetes Education Department
Website »

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By Simon Stephens (playwright of "The Curious Incident of the Dog in the Night-Time") Directed by Matt Pfeiffer REGIONAL PREMIERE! Amidst the bustle of a crowded London train...

Cost: Varies

Where:
Delaware Theatre Company
200 Water Street
Wilmington, DE  19801
View map »

More information

Show More...
Show Less...

"What the water said…Flowers, Places, & Faces," an exhibition of watercolor paintings by Hugh Phibbs, will be on view in the Mezzanine Gallery from February 2-23, 2018. A free...

Cost: Free

Where:
Mezzanine Gallery
Carvel State Office Building, 2nd Floor
820 N. French St.
Wilmington, DE  19801
View map »


Sponsor: Delaware Division of the Arts
Telephone: 302-577-8278
Contact Name: Roxanne Stanulis
Website »

More information

A winter warm up of colorful, vibrant paintings. Marlene Dubin - bold mixed media abstracts; Elaine Lisle - regional landscapes in oil; Mary Ann Weselyk – whimsical animals and still life...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

This community-curated exhibition brings together three painters—Alan Soffer, Brian Dickerson, and Moe Brooker—who are attuned to harmonies and contrasts in abstract forms. Each artist...

Cost: Free with Museum admission

Where:
Delaware Art Museum
2301 Kentmere Parkway
Wilmington, DE  19806
View map »


Website »

More information

FREE COMMUNITY EVENT: MID-WEEK WORD REFRESHER Come join us at the Mid-Week Word Refresher every Wednesday at Faith Victory Christian Center from 11:00am - 12:00pm. Refreshments will be...

Cost: FREE

Where:
Faith Victory Christian Center
301 Commonwealth Avenue
Claymont, DE  19703
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Sponsor: Faith Victory Christian Center
Telephone: 302.354.6726
Contact Name: Alvin Walker
Website »

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By Simon Stephens (playwright of "The Curious Incident of the Dog in the Night-Time") Directed by Matt Pfeiffer REGIONAL PREMIERE! Amidst the bustle of a crowded London train...

Cost: Varies

Where:
Delaware Theatre Company
200 Water Street
Wilmington, DE  19801
View map »

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Join DCH, New Castle Conservation District staff, and Delaware Cooperative Extension to grow and learn together through an entire season! Classes are designed for a beginner, but seasoned gardeners...

Cost: $20 members; $30 non-members

Where:
Delaware Center for Horticulture
1810 N. Dupont Street
Wilmington, DE  19806
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Sponsor: Delaware Center for Horticulture
Telephone: (302) 658-6262
Contact Name: Ruth Arias
Website »

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Clearing the mind and learning to think not thinking is Zen awareness. Taking the appropriate action in this moment is Zen. Once you know this in your body, walking, standing, sitting down,...

Cost: Free

Where:
Unitarian Universalist Fellowship of Newark
420 Willa Road
Newark, DE  19711
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Sponsor: UUFN
Telephone: 302.368.2984
Contact Name: Richard Field
Website »

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"What the water said…Flowers, Places, & Faces," an exhibition of watercolor paintings by Hugh Phibbs, will be on view in the Mezzanine Gallery from February 2-23, 2018. A free...

Cost: Free

Where:
Mezzanine Gallery
Carvel State Office Building, 2nd Floor
820 N. French St.
Wilmington, DE  19801
View map »


Sponsor: Delaware Division of the Arts
Telephone: 302-577-8278
Contact Name: Roxanne Stanulis
Website »

More information

A winter warm up of colorful, vibrant paintings. Marlene Dubin - bold mixed media abstracts; Elaine Lisle - regional landscapes in oil; Mary Ann Weselyk – whimsical animals and still life...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

This community-curated exhibition brings together three painters—Alan Soffer, Brian Dickerson, and Moe Brooker—who are attuned to harmonies and contrasts in abstract forms. Each artist...

Cost: Free with Museum admission

Where:
Delaware Art Museum
2301 Kentmere Parkway
Wilmington, DE  19806
View map »


Website »

More information

By Simon Stephens (playwright of "The Curious Incident of the Dog in the Night-Time") Directed by Matt Pfeiffer REGIONAL PREMIERE! Amidst the bustle of a crowded London train...

Cost: Varies

Where:
Delaware Theatre Company
200 Water Street
Wilmington, DE  19801
View map »

More information

This community event invites attendees to sample healthy dishes prepared by local restaurants and vote for the most creative, tastiest, and best preparation. The first 200 registrants may also sign...

Where:
STAR Health Sciences Complex
540 S. College Ave
Newark, DE  19713
View map »


Website »

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Explore connections between people and plants in these four inspiring presentations. Special thanks to Whole Foods Market for sponsoring this  year’s refreshments. Individual lecture pricing:...

Cost: $20 members; $30 non-members

Where:
Delaware Center for Horticulture
1810 N. Dupont Street
Wilmington, DE  19806
View map »


Sponsor: Delaware Center for Horticulture
Telephone: (302) 658-6262
Contact Name: Mackenzie Knight-Fochs
Website »

More information

Tickets are $15 adults; $10 UD faculty/staff/alumni & seniors; $5 students. Tickets are available at the door. Cash or check only.

Cost: $15 adults; $10 UD faculty/staff/alumni & seniors; $5 students

Where:
Gore Recital Hall
110 Orchard Rd
Newark, DE  19716
View map »


Sponsor: University of Delaware Department of Music
Telephone: 130-283-12578
Contact Name: Megan Everhart
Website »

More information

Show More...
Show Less...

"What the water said…Flowers, Places, & Faces," an exhibition of watercolor paintings by Hugh Phibbs, will be on view in the Mezzanine Gallery from February 2-23, 2018. A free...

Cost: Free

Where:
Mezzanine Gallery
Carvel State Office Building, 2nd Floor
820 N. French St.
Wilmington, DE  19801
View map »


Sponsor: Delaware Division of the Arts
Telephone: 302-577-8278
Contact Name: Roxanne Stanulis
Website »

More information

A winter warm up of colorful, vibrant paintings. Marlene Dubin - bold mixed media abstracts; Elaine Lisle - regional landscapes in oil; Mary Ann Weselyk – whimsical animals and still life...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

The area’s largest sale of gently used books has been scheduled by the Wilmington branch of the American Association of University Women. The 49th annual Dollars for Scholars Used Book Sale, to...

Cost: free

Where:
Concord Mall
4737 Concord Pike
North Wilmington, DE  19803
View map »


Sponsor: American Association of University Women
Telephone: 302-428-0939

More information

This community-curated exhibition brings together three painters—Alan Soffer, Brian Dickerson, and Moe Brooker—who are attuned to harmonies and contrasts in abstract forms. Each artist...

Cost: Free with Museum admission

Where:
Delaware Art Museum
2301 Kentmere Parkway
Wilmington, DE  19806
View map »


Website »

More information

Glory of Stories introduces young visitors to art and the Museum through a story reading followed by an interactive tour of relevant works of art and a studio art project. This program encourages...

Cost: Free to Members, $5 per child and one adult free for Non-Members

Where:
Delaware Art Museum
2301 Kentmere Parkway
Wilmington, DE  19806
View map »

More information

By Simon Stephens (playwright of "The Curious Incident of the Dog in the Night-Time") Directed by Matt Pfeiffer REGIONAL PREMIERE! Amidst the bustle of a crowded London train...

Cost: Varies

Where:
Delaware Theatre Company
200 Water Street
Wilmington, DE  19801
View map »

More information

Meeting every Friday, Bayhealth Kent General Hospital, 640 s. State Street, Dover, 7:30 pm., Private Dining Room #3 in the basement. For those who have, or think they may have a gambling problem....

Cost: 0.00

Where:
Bayhealth Kent General Hospital
640 S. State Street
Private Dining Room #3
Dover, DE  19901
View map »


Telephone: 800-855-2CALLGA
Website »

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A winter warm up of colorful, vibrant paintings. Marlene Dubin - bold mixed media abstracts; Elaine Lisle - regional landscapes in oil; Mary Ann Weselyk – whimsical animals and still life...

Cost: free

Where:
The Station Gallery
3922 Kennett Pike
Greenville, DE  19807
View map »


Telephone: 302-654-8638
Website »

More information

The area’s largest sale of gently used books has been scheduled by the Wilmington branch of the American Association of University Women. The 49th annual Dollars for Scholars Used Book Sale, to...

Cost: free

Where:
Concord Mall
4737 Concord Pike
North Wilmington, DE  19803
View map »


Sponsor: American Association of University Women
Telephone: 302-428-0939

More information

This community-curated exhibition brings together three painters—Alan Soffer, Brian Dickerson, and Moe Brooker—who are attuned to harmonies and contrasts in abstract forms. Each artist...

Cost: Free with Museum admission

Where:
Delaware Art Museum
2301 Kentmere Parkway
Wilmington, DE  19806
View map »


Website »

More information

Ronald Barron was principal trombonist of the Boston Symphony Orchestra from 1975 until 2008. He joined the orchestra in 1970 after being a member of the Montreal Symphony Orchestra, and also...

Cost: Free

Where:
Gore Recital Hall
110 Orchard Rd
Newark, DE  19716
View map »


Sponsor: University of Delaware Department of Music
Telephone: 130-283-12578
Contact Name: Megan Everhart
Website »

More information

Celebrate the 12th Annual Chinese New Year at the Delaware Art Museum! This celebration includes traditional Chinese art activities, artist demonstrations, a lion and folk dance, a Chinese yo-yo...

Cost: Free; donations accepted

Where:
Delaware Art Museum
2301 Kentmere Parkway
Wilmington, DE  19806
View map »


Website »

More information

By Simon Stephens (playwright of "The Curious Incident of the Dog in the Night-Time") Directed by Matt Pfeiffer REGIONAL PREMIERE! Amidst the bustle of a crowded London train...

Cost: Varies

Where:
Delaware Theatre Company
200 Water Street
Wilmington, DE  19801
View map »

More information

For this Saturday’s activity, visitors will have fun with fluid dynamics and hydraulics - Pascal would be proud! Visitors of all ages are invited to discover solutions to science and engineering...

Cost: Free with admission; Adults: $14, Children 6-14: $5, Children 5 and under: Free

Where:
Hagley Museum and Library
200 Hagley Creek Road
Wilmington, DE  19807
View map »


Telephone: 302-658-2400
Website »

More information

Lights of Life Goes Disco Nights is Delaware’s premier breast cancer fundraiser to benefit the local programs and services of the Delaware Breast Cancer Coalition. Join us for a glamorous, fun...

Cost: *VIP $125.00; *Silver Mirror Ball $50.00

Where:
Dover Downs Hotel
, 1131 North Dupont Highway
Dover, DE  19901
View map »


Sponsor: Delaware Breast Cancer Coalition
Telephone: 302-778-1102
Contact Name: Eliza Mohler
Website »

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The Newark Symphony Chamber Orchestra presents a performance of Johann Baptist George Neruda, Trumpet Concerto in E flat, with Wendell Banyay, Trumpet.  Also to be featured will be Gabriel Faure,...

Cost: 0 - $20

Where:
Newark United Methodist Church
69 E. Main St.
Newark, DE  19711
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