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[H.J. Res. 118, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States on Presidential power and succession

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"ARTICLE

"SECTION 1. The Vice President shall assist the President and the President shall assign to the Vice President such duties as he sees fit.

"SEC. 2. In case of the removal of the President from office, or of his death or resignation, the Vice President shall become President, and shall serve as such until the end of the term for which the President was elected. In case of the inability or disability of the President to discharge the powers and duties of his office, those powers and duties shall be discharged by the Vice President until the inability or disability of the President has ceased.

"SEC. 3. The members of the Judiciary Committees of the Senate and the House of Representatives shall constitute a permanent Commission on Prevention of Lapse of Executive Power. Under such rules as the Congress shall prescribe by concurrent resolution, the Commission shall determine by a two-thirds vote thereof, all questions concerning the inability or disability of the President to discharge the powers and duties of his office, and determine when such inability or disability ceases. Upon such determination, the President and Vice President shall resume their former powers and duties.

"SEC. 4. When a Vice President becomes President by the removal, death, or resignation of the President, the new President shall recommend to Congress a candidate for Vice President. The Congress, by majority vote thereof, shall elect such candidate. If the Congress does not elect such candidate within a reasonable time, the new President shall submit the name of another candidate and repeat the individual recommendations until the Congress shall elect one of such candidates for the office of Vice President to serve until the end of the President's term.

"SEC. 5. The Vice President shall not preside over the Senate. The Senate shall choose a President of the Senate from Members of the Senate, a President pro tempore who shall act in the absence of the President of the Senate or during his participation as a Member of the Senate in the deliberations of the Senate, and other officers of the Senate.

"SEC. 6. The Congress shall have power to carry this article into effect by appropriate legislation.

"SEC. 7. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the States within seven years from the date of its submission to the States by the Congress."

[H.J. Res. 119, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to succession to the Presidency and Vice-Presidency and to cases where the President is unable to discharge the powers and duties of his office

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:

"ARTICLE

"SECTION 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

"SEC. 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

"SEC. 3. If the President declares in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

"SEC. 4. If the President does not so declare, and the Vice President with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide, transmits to the Congress his written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

"SEC. 5. Whenever the President transmits to the Congress his written declaration that no inability exists, he shall resume the powers and duties of his office on the second day following the transmittal of such declaration to the Congress unless, prior to his resumption of such powers and duties, the Vice President transmits to the Congress his written declaration that the President is unable to discharge the powers and duties of his office, in which case the Congress shall immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise the President shall resume the powers and duties of his office on the tenth day following the transmittal to the Congress of his declaration that no inability exists. Any declaration by the Vice President that the President is unable to resume the powers and duties of his office may be transmitted to the Congress only with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide."

[H.J. Res. 129, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to establish a Commission to determine the inability of a President to discharge the powers and duties of the office of President

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as a part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"ARTICLE

"SECTION 1. In case of the removal of the President from office, or of his death or resignation, the Vice President shall become President for the unexpired portion of the then current term.

"SEC. 2. If the President shall declare in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the individual next in line of succession to the Presidency as Acting President: after any such declaration the President shall forthwith resume the powers and duties of his office by declaring in writing that his disability has terminated. "SEC. 3. There is hereby established a Commission to be known as the President Inability Commission, hereinafter referred to as the 'Commission'. Subject to conditions contained herein, the Commission shall have tthe responsibility and authority in the manner prescribed herein to relieve the President or Acting President of the United States of his powers and duties as such, upon a determination that he is not able to discharge properly the powers and duties of the office of President, and after any such action, to restore the President or Acting President to the assumption of such powers and duties upon a determination within the same term of office that he is able to discharge properly the powers and duties of the office of President.

"SEC. 4. The Commission shall be composed of eight members as follows: "(1) The Chief Justice of the United States shall serve as Chairman of the Commission. The Chairman shall have no vote in the proceedings of the Commission except in the case of a tie.

"(2) The Senior Associate Justice of the Supreme Court of the United States. "(3) The Secretary of State.

"(4) The Secretary of the Treasury.

"(5) The Speaker of the House of Representatives.

"(6) The leader in the House of Representatives of the political party having the second greatest number of Members of the House of Representatives.

"(7) The leader in the Senate of the political party having the greatest number of Members of the Senate.

"(8) The leader in the Senate of the political party having the second greatest number of Members of the Senate.

"SEC. 5. Five members of the Commission shall constitute a quorum. The concurrence in writing of at least five members shall be required for any determination made by the Commission.

"SEC. 6. Members of the Commission shall serve as such without compensation; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. "SEC. 7. The Chairman shall convene the Commission without delay upon receipt by him of a communication in writing from any two members of the Commission stating that they have sufficient cause to believe that the President is unable to discharge properly the powers and duties of the office of President. The Commission shall seek competent medical advice as to the condition of the President and his ability to discharge properly the powers and duties of his office. If the Commission shall determine that the President is unable to discharge properly the powers and duties of the office of President, it shall so notify by written communication the House of Representatives and the Senate (if Congress is then in session), the President and the individual next in line of succession to the Presidency and such powers and duties of the office of President shall thereupon devolve upon the individual next in line of succession to the Presidency as Acting President.

"SEC. 8. Whenever the Chairman receives in writing a communication from any two members of the Commission during the unexpired portion of a disabled President's term stating that they have sufficient cause to believe that the President is able to discharge properly the powers and duties of the office of President, the Chairman shall convene the Commission without delay. The Commission shall seek competent medical advice as to the condition of the President and his ability to discharge properly the powers and duties of that office. If the Commission shall determine that the disability no longer exists and that the President is able to discharge properly the powers and duties of the office of President, it shall notify the House of Representatives and the Senate (if Congress is then in session), the President and the Acting President of its decision by written communication, and the President shall forthwith reassume the powers and duties of the office of President. The provisions of this section shall be applicable in restoring an Acting President to the assumption of the powers and duties of the office of President.

"SEC. 9. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

[H.J. Res. 139, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to cases where the President is unable to discharge the powers and duties of his office

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"ARTICLE

"SECTION 1. In case of the removal of the President from office, or of his death or resignation, the Vice President shall become President for the unexpired portion of the then current term.

"SEC. 2. If the President shall declare in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

"SEC. 3. If the President does not so declare, the Vice President, if satisfied that such inability exists, shall, upon the written approval of a majority of the heads of the executive departments in office, assume the discharge of the powers and duties of the office as Acting President.

"SEC. 4. Whenever the President makes public announcement in writing that his inability has terminated, he shall resume the discharge of the powers and duties of his office on the seventh day after making such announcement. But if the Vice President, with the written approval of a majority of the heads of executive departments in office at the time of such announcement, transmits to the Congress his written declaraion that in his opinion the President's inability has not terminated, the Congress shall thereupon consider the issue. If the Congress is not then in session, it shall assemble in special session on the call of the Vice President. If the Congress determines by concurrent resolution, adopted with the approval of two-thirds of the Members present in each House, that the inability of the President has not terminated, thereupon, notwithstanding any further announcement by the President, the Vice President shall assume the discharge of such powers and duties as Acting President until the occurrence of the earliest of the following events: (1) the Acting President proclaims that the President's inability has ended, (2) the Congress determines by concurrent resolution, adopted with the approval of a majority of the Members present in each House, that the President's inability has ended, or (3) the President's term ends.

"SEC. 5. The Congress may by law provide for the case of the removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a President shall be elected. If at any time there is no Vice President, the powers and duties conferred by this article upon the Vice President shall devolve upon the officer eligible to act as President next in line of succession to the office of President, as provided by law.

"SEC. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

[H.J. Res. 140, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution to provide for the selection of a new Vice President whenever there is a vacancy in the office of Vice President

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, and shall be valid to all intents and purposes as part of the Constitution only if ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress :

"ARTICLE

"SECTION 1. Wherever the office of Vice President becomes vacant at any time, more than thirty days before the expiration of the term for which the Vice President was elected, because of the death, removal from office, or resignation of the Vice President or the death of a Vice-President-elect before the time fixed for the beginning of his term, or because of the assumption by the Vice President or a Vice-President-elect of the powers and duties of President by reason of the death, removal from office, or resignation of the President or the death of a President-elect before the time fixed for the beginning of his term, the person discharging the powers and duties of President shall convene the Senate and the House of Representatives in joint session to select a person to act as Vice President. The person discharging the powers and duties of the President shall have the right to veto any selection made by the Senate and the House of Representatives acting in such joint session.

"SEC. 2. The Speaker of the House of Representatives shall preside over such joint session. A quorum of each House of the Congress being present at such joint session, such person shall be selected, subject to the right of veto by the person discharging the powers and duties of the President, by majority vote of the Members of the Senate and of the House of Representatives present and voting, each such member having one vote. The selection under this article shall be made from persons who at the time of such joint session are heads of executive departments of the Government, Members of the Congress, or the Governors of the several States. The person so selected shall vacate his office as the head of an

executive department, as a Member of the Congress, or as the Governor of a State.

"SEC. 3. In any case in which the person discharging the powers and duties of the President shall veto any selection made under this article, he shall again convene the Senate and House of Representatives in joint session to make another selection in accordance with section 2 of this article, except that no person whose selection is vetoed shall again be eligible for selection so long as the person discharging the powers and duties of President is the same person who vetoed such selection.

"SEC. 4. A person selected under this article to act as Vice President shall act accordingly until the end of the term for which the Vice President or VicePresident-elect whom he succeeds was elected. While so acting he shall have in all respects the same status, powers, and duties as an elected Vice President.

"SEC. 5. Nothing contained in this article shall prevent the Congress from providing by law, consistently with the provisions of this article, for the designation of an officer who shall act as President at any time at which vacancies exist in the offices of both President and Vice President."

[H.J. Res. 143, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to succession to the Presidency and Vice-Presidency and to cases where the President is unable to discharge the powers and duties of his office

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress :

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"SECTION 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

"SEC. 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

"SEC. 3. If the President declares in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

"SEC. 4. If the President does not declare, and the Vice President with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide, transmits to the Congress his written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

"SEC. 5. Whenever the President transmits to the Congress his written declaration that no inability exists, he shall resume the powers and duties of his office on the second day following the transmittal of such declaration to the Congress unless, prior to his resumption of such powers and duties, the Vice President transmits to the Congress his written declaration that the President is unable to discharge the powers and duties of his office, in which case the Congress shall immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise the President shall resume the powers and duties of his office on the tenth day following the transmittal to the Congress of his declaration that no inability exists. Any declaration by the Vice President that the President is unable to resume the powers and duties of his office may be transmitted to the Congress only with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide."

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