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= = = 19th and early 20th century = = = |
The small minority of Orthodox Jews found this change to be intolerable , and they began to hold their services separately , in rented rooms . With the new synagogue , an organ was introduced into religious service . |
In the 1880 earthquake , the synagogue suffered minor damage and was repaired the following year . |
The synagogue became too small to accommodate the needs of the ever @-@ growing community . A central heating system was installed in 1933 . Largely due to immigration from Hungary , Bohemia and Moravia , the Jewish population of Zagreb quickly grew in size : from 1 @,@ 285 members in 1887 to 3 @,@ 237 members in 1900 , and then to 5 @,@ 970 members in 1921 . In 1921 a renovation was undertaken to increase the number of available seats . A 1931 plan to increase the capacity to 944 seats was ultimately abandoned . |
= = = Demolition during World War II = = = |
Racial laws were introduced , Jewish property was confiscated , and the Jews were subjected to mass arrests and deportations to death camps in Croatia and abroad . It was ruled by the extreme nationalist Ustaša regime . The Ustaša quickly started with the systematic persecution of the Jews , modeled after the Nazi Germany approach , and at times even more brutal . During the 1941 collapse of the Kingdom of Yugoslavia under the Axis invasion in the April War , the Independent State of Croatia was created . |
The demolition began on October 10 , 1941 , proceeding slowly so as not to damage the adjacent buildings ; it was finished by April 1942 . It was also shown in Dubrovnik , Karlovac , Sarajevo , Vukovar and Zemun , as an illustration of the " solution of the Jewish question in Croatia " . The whole process was photographed for propaganda purposes , and the photographs were shown to the public at an antisemitic exhibition first held in Zagreb . In October 1941 , the newly installed mayor of Zagreb , Ivan Werner , issued a decree ordering the demolition of the Praška Street synagogue , ostensibly because it did not fit into the city 's master plan . |
A fragment of the film footage of the demolition was discovered five decades later by the film director Lordan Zafranović during research for his 1993 documentary feature , Decline of the Century : Testimony of L. Z. ; 41 seconds of the film survives . This footage was also shown in Mira Wolf 's documentary , The Zagreb Synagogue 1867 @-@ 1942 ( 1996 ) , produced by Croatian Radiotelevision . |
On October 9 , 1941 , he learned about the regime 's plan to start the demolition of the synagogue on the following morning . By that evening , Grivičić secretly relayed the information to the synagogue 's chief cantor , Grüner , and during the night , the Torah scrolls were moved to safety . Although Grivičić did not have a significant political role in the Independent State of Croatia , he was considered trustworthy . He was also close to Poglavnik Ante Pavelić and the Third Reich 's ambassador to Croatia , Edmund Glaise @-@ Horstenau . The synagogue 's eight valuable Torah scrolls were saved due to an intervention by Leonardo Grivičić , an entrepreneur and industrialist who lived next door from Mile Budak , a minister in the Ustaša government . |
In this world and the next they will be punished . " Shortly after the destruction of the synagogue , the Catholic archbishop of Zagreb Aloysius Stepinac delivered a homily in which he said : " A house of God of any faith is a holy thing , and whoever harms it will pay with their lives . . |
He pulled them from the rubble shortly after the end of World War II . The column fragments are kept by the Jewish Community of Zagreb . The wash @-@ basin and the memorial tables are now in the Zagreb City Museum . The only surviving fragments of the building — the wash @-@ basin and two memorial tables from the forecourt , as well as some parts of a column — were saved by Ivo Kraus . |
= = Reconstruction efforts = = |
= = = 1945 – 1990 = = = |
Between 1948 and 1952 , nearly one half of the surviving members of Jewish Community of Zagreb opted for emigration to Israel , and the community dropped to one @-@ tenth of its pre @-@ war membership . Only one in five Croatian Jews survived the Holocaust of World War II . The Yugoslav communist regime nationalized virtually all real estate owned by the Jewish Community of Zagreb , including the plot in Praška Street . All this , combined with the new regime 's general hostility toward religion , made reconstruction of the synagogue nearly impossible . |
The department store was completely destroyed in a fire on December 31 , 1980 , and was subsequently dismantled . Despite some earlier ideas about a permanent department store building on the same spot , and a 1977 architecture competition for its design , no construction took place . The volleyball court made way for a prefabricated department store building , constructed in 1959 . Instead , the parcel was turned into a parking lot , which it remains to this day . After World War II , the vacant site of the former synagogue was used as a makeshift volleyball court . |
The project was not developed . However , despite support for the project both within Yugoslavia and abroad , the issuance of necessary permits was either stalled or denied by the municipal government . After 1986 , the Jewish Community of Zagreb began to consider a Jewish cultural center and a memorial synagogue . Silađin 's vision was ultimately not accepted by the Jewish community ; instead , plans were being made for the construction of the cultural center and a synagogue , following an international architecture competition . Two architects , Branko Silađin and Boris Morsan , both of whom participated in the failed 1977 department store competition , came forward on their own accord and contributed their ideas for a new Jewish center in Praška Street . |
= = = 1990 – present = = = |
By the autumn of 1990 , after the first democratic elections in Croatia , the municipal government finally approved the project . In 1994 President of Croatia Franjo Tuđman said to Jakov Bienenfeld , Council member of the Zagreb Jewish community , that they should build the new synagogue at the site of the former synagogue , which will be funded by the Croatian government . Bienenfeld declined the offer believing to be inappropriate when 1800 Catholic churches are left destroyed at the time , during Croatian War of Independence . Political turmoil in the country , followed by the breakup of Yugoslavia and the Croatian War of Independence ( 1991 – 1995 ) , caused the project to be put on hold again . An architectural competition was planned for January 1991 . |
The Croatian denationalization law was enacted in 1996 , and the Praška Street parcel was finally returned to the community on December 31 , 1999 . By 2000 , reconstruction activities were invigorated again . An investment study was submitted to the Government of Croatia and the City of Zagreb in July 2004 and revised in October 2004 . The architecture competition was planned for 2005 . However , a 2005 rift in the Jewish Community of Zagreb resulted in formation of a splinter Jewish community , Bet Israel , led by Ivo and Slavko Goldstein . In the meantime , the Jewish Community of Zagreb sought to legally reacquire its property . |
As a consequence , the community and its president , Ognjen Kraus , refused further participation in the project under the set conditions . However , the involvement of Bet Israel was deemed unacceptable by the Jewish Community of Zagreb , which is the sole owner of the Praška Street property , and which also sees itself as the sole legal representative of the Zagreb Jewish community . It was decided that the project , estimated at the time at HRK 173 million ( US $ 30 million ) , would be partially financed by the Government of Croatia and the City of Zagreb , and that both Jewish organizations should be represented in the workgroup . In September 2006 , the Government of Croatia formed a construction workgroup . |
There was a general agreement that the new building should also have a cultural as well as commercial purpose . Facsimile reconstruction , while feasible , was not seriously contemplated . While the Jewish Community of Zagreb envisioned a modern design reminiscent of the original synagogue , the Bet Israel advocated building a replica of the original synagogue 's facade , perceiving it as having a powerful symbolism . Further disagreements existed about the design and character of the new building . Opinions of architects , urban planners , and art historians were also divided along similar lines . |
In 2014 and 2015 , the Jewish Community of Zagreb presented new plans for a 10 @,@ 600 m2 ( 114 @,@ 000 sq ft ) multi @-@ purpose Jewish center and synagogue in Praška Street . |
= 1806 Great Coastal hurricane =
|
Wharves and vessels endured moderate damage , with many ships wrecked on North Carolinan barrier islands . The 1806 Great Coastal hurricane was a severe and damaging storm along the East Coast of the United States which produced upwards of 36 in ( 91 cm ) of rainfall in parts of Massachusetts . A majority of the deaths caused by the hurricane occurred aboard the Rose @-@ in @-@ Bloom offshore of Barnegat Inlet , New Jersey , with 21 of the ship 's 48 passengers killed and $ 171 @,@ 000 ( 1806 USD ) in damage to its cargo . In the Carolinas , salt , sugar , rice , and lumber industries suffered considerably , and several individuals were killed . Upon arriving in New England , reports indicated extreme rainfall , though no deaths were reported ; in all , the hurricane killed more than 24 individuals along the entirety of its track . Several French and British military ships were damaged out at sea . First observed east of the Lesser Antilles on 17 August , the hurricane arrived at the Bahamas by 19 August . The disturbance continued to drift northward and made landfall at the mouth of the Cape Fear River in North Carolina on 22 August . The storm soon moved out to sea as a Category 2 @-@ equivalent hurricane on the Saffir – Simpson hurricane wind scale , persisting off of New England before dissipating south of Nova Scotia on 25 August as a markedly weaker storm . |
= = Meteorological history = = |
Reports of similar wind shifts throughout the region suggested that the gale persisted , stationary , for several hours . The hurricane maintained 1 @-@ minute maximum sustained winds of 110 mph ( 175 km / h ) while offshore , equivalent to a Category 2 system on the Saffir – Simpson hurricane wind scale . The hurricane made landfall at the mouth of the Cape Fear River in North Carolina later that day , though the earliest impacts from the storm started several days earlier , with gusts initially toward the northeast but later curving southwestward . It eventually moved back out to sea while south of Norfolk , Virginia , departing the region on 24 August . The Great Coastal hurricane of 1806 was first noted far east of the Lesser Antilles on 17 August . While offshore New England , the gale featured a swath of winds 90 mi ( 150 km ) wide , and was last observed just south of Nova Scotia on 25 August slightly weaker , with sustained winds of 75 mph ( 120 km / h ) . Weather historian David M. Ludlum followed the disturbance 's track to the Bahamas by 19 August ; intense winds persisted until 21 August , however , approximately 150 mi ( 240 km ) east of the Bahamian island of Eleuthera . Steering currents brought the storm northward , and it approached Charleston , South Carolina on 22 August , where a generally easterly flow preceded the storm indicated its passage far east of the city . |
= = Impact = = |
The hurricane damaged several vessels while still drifting at sea , dispersing and damaging Jérôme Bonaparte 's fleet and dismasting the 74 @-@ gun French ship of the line Impétueux , which later landed near Cape Henry . |
One individual died after a wall collapsed and several slaves were killed , one by drowning , at local plantations . In Charleston , South Carolina , the hurricane washed aground several ships and uprooted numerous trees , though damage to the city harbor was minimal . At Smithville , North Carolina , numerous ships experienced damage , while considerable destruction to structures was observed , with many wharves wrecked . The gable sections of three masonry houses were destroyed by wind or water , and wooden houses suffered especially badly , with many obliterated and those under construction flattened . At Bald Head Island , the United States Revenue Cutter Service vessel Governor Williams was stripped of its foremast and subsequently ran ashore before being repaired and continuing on its journey . Meanwhile , at Wilmington , the hurricane inflicted widespread damage , with many wharves severely damaged , and significant losses sustained by salt , sugar , rice , and lumber industries . Throughout the storm , several vessels and supplies of stranded sailors were driven aground along the North Carolinan coast . A cotton field covering 94 acres was ruined nearby . The lighthouse on North Island flanking Winyah Bay collapsed under high winds , and in Georgetown proper , the hurricane was considered to be the worst since the 1804 Antigua – Charleston hurricane , despite its storm surge being of a lesser size . On the Bogue Banks , the remains of the Adolphus and Atlantic were discovered , and at the Core Banks , a dead body was washed ashore , partially eaten by fish . A second boat owned by the agency , the Diligence , was tethered at port in Wilmington and endured no damage ; similarly , little impact occurred at New Bern . |
@ 0 cm ) per hour noted . Reports in Boston , however , indicate more modest rainfall amounts , with a precipitation rate of 0 @. Winds toppled a number of newly built structures and chimneys , uprooted trees and fences , and washed two watercraft aground . The hurricane produced strong gusts within the vicinity of New York City , and at Belleville , New Jersey , several peach trees were defoliated and uprooted . At Brewster , meanwhile , severe damage to crops and salterns was noted , and 18 in ( 46 cm ) of rainfall was recorded . At Edgartown , meanwhile , an individual witnessed torrential rainfall , recording that a barrel was filled with 30 in ( 76 cm ) of water , and estimating total rainfall reached 36 in ( 91 cm ) there , where the storm devastated local crops and beached five cargo ships . Moderate damage occurred upon the hurricane 's arrival in Norfolk , Virginia . Cape Cod , Massachusetts was struck by heavy rain and observed minor damage to its port . The vessel only barely stayed afloat , with 30 bales of cotton preventing it from sinking entirely ; survivors were ferried to New York by the British brig Swift , which had then been traveling toward St. John 's , Newfoundland . After the storm , alterations to the shoreline around the Chesapeake Bay permitted the full establishment of a town at Willoughby Spit . @ 40 in ( 1 @. The Rose @-@ in @-@ Bloom was caught in the hurricane while offshore of Barnegat Inlet , New Jersey , en route to New York City from Charleston , but was struck by a large wave which overturned the ship , resulting in the deaths of 21 of its 48 passengers and the loss of $ 171 @,@ 000 of its $ 180 @,@ 000 ( 1806 USD ) cargo . |
= Forward Intelligence Team =
|
Any retained information is recorded on the Crimint database . Forward Intelligence Teams ( FITs ) are two or more police officers who are deployed by UK police forces to gather intelligence on the ground and in some circumstances , to disrupt activists and deter anti @-@ social behaviour . An unsuccessful legal challenge has been made against their use of overt surveillance , but in 2009 the Court of Appeal ruled that they must justify retention of photographs on a case @-@ by @-@ case basis . They use cameras , camcorders and audio recorders to conduct overt surveillance of the public . |
A campaign group , Fitwatch , formed in 2007 that aim to obstruct FITs and conduct sousveillance on the officers . Journalists have also complained that FITs attempt to stop them photographing protests and that they conduct surveillance of journalists . Political activists have criticised FITs and said that they feel the aim of FIT deployment during protests is to prevent legal protests . Two members of the group were arrested at the 2008 Climate Camp on obstruction charges . In June 2010 , the Home Office announced it would review the use of FITs during public order policing . A similar police surveillance unit , the Video Intelligence Unit is operated by Greater Manchester Police . |
= = History and Purpose = = |
According to Scotland Yard , the aim of FIT teams at protests is to record evidence of protesters in case disorder occurs later on at a protest . Civilian photographers are also employed by the police to work alongside FITs . Their uniform is sometimes different from normal police officers in that the upper half of their yellow fluorescent jackets is blue . The police officers wear full uniform , and are intended to be a highly visible presence . They initially targeted football fans , hunt saboteurs and political protesters ( since at least 1996 ) , using cameras , camcorders and audio recorders to conduct overt surveillance of the public . FITs were first formed in the early 1990s , as part of the Public Order Intelligence Unit ( CO11 ) , a section of the Public Order Branch of the Metropolitan Police . |
Jacqui Smith , then Home Secretary praised Operation Leopard that used FITs to target youths , in Laindon , Essex stating : This approach has been reported to work in reducing reports of anti @-@ social behaviour at times when FITs are deployed in specific neighbourhoods . Despite the implication in their name that their function is to merely gather intelligence , they are also intended to have a deterrent effect . More recently the teams ' purpose has been extended to routine police work on low @-@ level crime and anti @-@ social behaviour and police forces throughout the UK now have their own FITs . |
" Operation Leopard is exactly the sort of intensive policing that can bring persistent offenders to their senses ... Relentless filming of them and their associates throughout the day and night " |
This view is echoed by a police debriefing of their operations at the 2008 Camp for Climate Action which praised FITs at the event for disrupting activists . Linda Catt , an activist , has suggested that their tactics are " designed to intimidate people and prevent lawful dissent " . |
The move was influenced by the discovery that information collected by FITs , included that which was unrelated to suspected crimes , for example recording who made speeches at demonstrations . In June 2010 , the Home Office announced it would review the use of FITs during public order policing . |
In October 2010 , FIT officers in plain clothes were spotted by a press photographer at a protest against companies avoiding tax , despite Commander Bob Broadhurst telling a parliamentary committee in May 2009 , that only uniformed officers distinguishable by their blue and yellow jackets were involved in gathering intelligence at protests . The Metropolitan Police told The Guardian that it was necessary to deploy plain @-@ clothed officers to " gather information to provide us with a relevant and up @-@ to @-@ date intelligence picture of what to expect " . It was the first time that FITs are known to have been deployed in plain clothes . |
= = Legal issues = = |
Liberty brought a judicial review of the overt surveillance practices in May 2008 , which was decided in favour of the police , however the police were asked to clarify their evidence to the Court of Appeal , following an investigation by The Guardian newspaper . |
The ruling was made after Andrew Wood , an arms trade activist , was photographed after challenging the management of Reed Elsevier at their AGM over them organising arms trade exhibitions . FITs have not been banned but they must now justify the retention of photographs on a case @-@ by @-@ case basis . Wood argued that police had harassed him and infringed his right to privacy by photographing him . As a result of the ruling the Metropolitan Police 's public order unit , CO11 was forced to delete 40 % of the photos of protesters that it held . Lord Collins of Mapesbury said that the police presence had a " chilling effect " on people who were protesting lawfully . In May 2009 , the Court of Appeal ruled that photographs collected by FITs of people who have not committed a criminal offence can no longer be kept . |
He also said that there was " confusion " over the role of FITs and advised that the Home Office should issue guidance over the legality of the surveillance of protesters and the retention of images . In a report about the policing of the 2009 G @-@ 20 London summit protests , Denis O 'Connor , the chief inspector of constabulary , stated that the routine use of FITs at protests " raises fundamental privacy issues and should be reviewed " . |
= = Information processing = = |
People are listed by name allowing police to determine which events individuals have attended . The information that FITs collect is stored on the Crimint database , which is used daily by police officers to catalogue criminal intelligence . For £ 10 , people are able to obtain a list of protests that they have attended from the data held on Crimint under laws in the Data Protection Act 1998 . Photographs obtained by FITs are used to produce " spotter cards " consisting of people 's photographs which allows officers to identify people at future events that they attend . |
= = Academic response = = |
A 2006 report , The Economics of Mass Surveillance calculated that the use of FITs at mass gatherings involves gathering intelligence on roughly 1 @,@ 200 people to record the actions of one person . The report also noted that most of the people on " spotter cards " , used by the police photographers , were those involved in the organisation of protests and that FITs also attend meetings where demonstrations are organised . |
= = Criticism = = |
Fitwatch ( formed in early 2007 ) campaign against FITs by actively obstructing their operations , and by passively opposing their operations by photographing units ( a form of sousveillance ) . |
In June 2009 , The Guardian released video evidence recorded by a FIT at the 2008 Climate Camp of alleged police brutality against two female members of Fitwatch . He claimed that " anybody who is politically active is filmed , identified , monitored , logged , and cross @-@ checked " . The police later retracted all the charges against the women . The women attempted to photograph the police officers for evidence , but were forced to the ground , restrained with handcuffs , and had their legs bound with straps . They were then placed in restraint positions , arrested , charged and held in custody for four days , including three days in HMP Bronzefield , before they were released on bail . The women had asked police officers to reveal their shoulder numbers , as at least four officers had not displayed them . A police debrief into the operation at Kingsnorth praised the deployment of FITs saying that they were " highly effective and gained good intelligence and disruption " . The journalist George Monbiot commented on this case , saying that " the police are turning activism into a crime " and that " the FITs ' methods appear to have been lifted from a Stasi training manual " . The women lodged a complaint with the IPCC over the incident . |
In July 2010 the Inner London Crown Court overturned the men 's convictions , with the judge stating that the protesters ' human rights may have been violated by the FIT officers . Three members of Fitwatch were convicted for obstructing FIT officers in June 2008 as they attempted to photograph those attending a No Borders meeting in London . |
The request came after a post on the blog after the 2010 student protest in London , which advised students of actions they should take if they were concerned that they were photographed at the demonstration , such as cutting their hair and disposing of clothing they were wearing . Emily Apple , one of the founders of the site told The Guardian , " Nothing in that post [ giving guidance to student protesters ] has not been said before on our blog or on other sites " . On 15 November 2010 , the hosts of the Fitwatch blog were asked by the Police National E @-@ Crime Unit to take down the website due to it " being used to undertake criminal activities " . On 17 November 2010 , the Fitwatch website returned , hosted on a web server outside of the UK . |
The National Union of Journalists ( NUJ ) has criticised FITs for their surveillance and sometimes violent harassment of working journalists . Marc Vallee , who was hospitalised by police after documenting a protest , has said that the teams limit freedom of the press and called on the Home Office to confirm that the police had no right to restrict the work of photojournalists . Bob Broadhurst , who is in charge of public order policing at the Metropolitan Police , said in a statement to the NUJ in 2008 that journalists , " on the production of a valid form of accreditation will be able to continue with their work " . Bob Broadhurst told photographers at an NUJ conference that he had no faith in the National Press Card ( a form of press pass ) despite journalists needing to prove that they are bona @-@ fide newsgatherers to an independent authority before they are issued . The NUJ are to make a formal complaint to the Information Commissioner due to the Metropolitan Police failing to provide details on the surveillance of journalists under the Freedom of Information Act . |
in July 2009 which discussed the use of FITs in targeting activists and journalists . The BBC TV series Panorama produced an episode entitled What ever happened to people power ? |
= = Similar police units = = |
Since the unit was launched in 2006 more than 900 people have been filmed by the unit . Footage that they have recorded has also been uploaded onto YouTube in an attempt to catch people they believe have reoffended . Kieran Walsh , a civil liberties lawyer , said the unit 's work " could have implications " for the force under Article 8 of the European Convention on Human Rights - the right to privacy . This has resulted in several offenders being sent back to prison after breaching licence conditions . He believes that filming must be a " proportionate and reasonable " response to a crime and that this does not appear to be the case as people are being targeted over what they might do in the future . Video footage thus collected is constantly replayed on TV screens in rooms where officers complete their paperwork . Not all of these people are suspects in crime however , people can be filmed if they are thought to associate with prolific offenders or if they have been stopped in an area of high crime under suspicious circumstances . They also record footage of people involved in anti @-@ social behaviour on the streets . Greater Manchester Police operate a Video Intelligence Unit , whose plainclothes officers confront and video certain freed prisoners as they leave prison after serving their sentences . The aim is to give other police officers up to date information on the appearance of people who have broken the law . It is uncertain as to how long data collected by the unit is to be kept but GMP currently anticipate it will be stored for 5 years . |
= Trinsey v. Pennsylvania =
|
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 . John S. Trinsey Jr . 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 . , 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 . Instead , both the Democrats and Republicans would each internally select their candidates . 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 . |
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 . 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 . 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 . |
= = Background = = |
John S. Trinsey Jr . 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 . 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 . , 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 . 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 . 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 . |
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 [ governor- ] appointed Senator " . 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 . 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 . |