[H.J. Res. 310, 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: "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 oath of 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 unless 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 within two days to the Congress his written declaration that the President is unable to discharge the powers and duties of his office. Thereupon 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." [H.J. Res. 312, 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 : "SECTION 1. In case of the removal of the President from the 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 unless 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 within two days to the Congress his written declaration that the President is unable to discharge the powers and duties of his office. Thereupon 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." [H.J. Res. 329, 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 his death or resignation, the Vice President shall become President. "SEC. 2. Whenever a vacancy occurs in the office of the Vice President, the President shall nominate a person who, upon approval by a majority of the elected Members of Congress meeting in joint session, shall then become Vice President for the unexpired term. "SEC. 3. In case of the removal of the President from office or of his death or resignation, the said office shall devolve on the Vice President, in case of the inability of the President to discharge the powers and duties of the said office, the said powers and duties shall devolve on the Vice President as Acting President until the inability be removed. The Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then be President, or in case of inability, act as President, and such officer shall be or act as President accordingly, until a President shall be elected, or in case of inability, until the inability shall be earlier removed. The commencement and termination of any inability may be determined by such method as Congress shall by law provide. "SEC. 4. Article II, section 1, paragraph 5, is hereby repealed." [H.R. 836, 89th Cong., 1st sess.] A BILL To provide a method for determining Presidential inability, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the determination as to whether the President, or any individual acting as President, is unable to discharge the powers and duties of the office of President shall be made as provided by this Act: SEC. 2. Such determination shall be made in the following manner: (1) The House of Representatives shall, by a resolution adopted by a vote of the majority of the Members of the House of Representatives present and voting (providing a quorum is present), request the Senate to take appropriate action to determine whether the President is unable to discharge the powers and duties of his office. A copy of such resolution shall, upon its adoption, be forwarded immediately to the Chief Justice of the United States. (2) The Chief Justice of the United States shall, upon receipt of a copy of such resolution, convene the Senate in a special session for the purpose of determining whether the President is unable to discharge the powers and duties. of his office. The Vice President shall not participate in the proceedings of the Senate during such special session. (3) If the Senate determines, by a vote of two-thirds of the Senators present and voting (providing a quorum is present), that the President is unable to discharge the powers and duties of his office, the Senate shall, by a resolution adopted by the same two-thirds vote required to make such determination, direct the Vice President to act as President during the period of inability of the President, or until the end of the then current Presidential term, as may be provided by such resolution. (4) Any determination made by the Senate under paragraph (3) may be revoked, and the inability of the President which was the basis of such determination may be declared to have terminated, in the same manner as in the case of the original determination, except that the Senate shall be convened in a special session for such purpose by the Chief Justice of the United States upon receipt by him of a resolution requesting such special session adopted by a vote of the majority of the Members of either House of the Congress present and voting (providing a quorum is present). (5) If the Senate revokes any determination made by it under paragraph (3), the Senate shall, by a resolution adopted by a vote of two-thirds of the Senators present and voting (providing a quorum is present), declare that the President is restored to the assumption of the powers and duties of the office of President effective at such time as may be provided by such resolution. SEC. 3. (a) The provisions of section 2 shall be applicable with respect to determining whether the Vice President, or any other individual acting as President, is unable to discharge the powers and duties of the office of President, and, in any such case, the resolution referred to in paragraph (3) shall direct the individual next in line of succession to the Presidency to act as President during the period of inability of the Vice President or such other individual, or until the end of the then current Presidential term, as may be provided by such resolution. (b) The provisions of section 2 shall also be applicable with respect to revoking any determination that the Vice President is unable to discharge the powers and duties of the office of President and restoring him to the assumption of the powers and duties of the office of President. The provisions of section 2 shall also be applicable with respect to revoking any determination that any other individual acting as President is unable to discharge the powers and duties of the office of President and, subject to section 19 (d) of title 3. United States Code, shall be applicable with respect to restoring such individual to the assumption of the powers and duties of the office of President. [H.R. 3792, 89th Cong., 1st sess.] A BILL To provide for the case of inability of the President or Vice President or interim successor Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the determination of whether the President, or any individual acting as President, has an inability to discharge the powers and duties of President shall be made as provided by this Act. SEC. 2. (a) If the President shall by message to Congress announce that he has an inability to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President. (b) If the President does not so announce but the Vice President or person next in line of succession to the President is satisfied that the President or person then Acting President has such an inability, he shall give written notification thereof to the Chairman and members of the Commission provided for by section 3 of this Act. Upon receipt of such written notification of Presidential inability or upon its own motion whenever a majority of its membership shall be of the opinion that there exists such Presidential inability, the Commission shall forthwith convene and determine whether in its opinion the President or Acting President has an inability to discharge the powers and duties of the said office. Notice and opportunity to be heard shall be given to the President. If the Commission so determines, the Chairman shall forthwith give written notice of its determination to the Speaker of the House of Representatives and to the President pro tempore of the Senate with a copy of such written notification to the Vice President or person next in line of succession to the Presidency. Upon receipt of this written notice the Vice President or person next in line of succession to the Presidency shall forthwith proceed to discharge the powers and duties of the office of the President pending final determination of the question of inability as provided herein. SEC. 3. (a) There is hereby established a commission to be known as the Presidential Inability Commission, hereinafter referred to as the "Commission". The Commission shall be composed of the following members: (1) The Chief Justice of the United States, who shall act as Chairman. The Chairman shall have no vote in the proceedings of the Commission except in the case of a tie. (2) The leader of the House of Representatives of the political party having the greatest number of Members of the House of Representatives. (3) The leader of the House of Representatives of the political party having the second greatest number of Members of the House of Representatives. (4) The leader in the Senate of the political party having the greatest number of Members of the Senate. (5) The leader of the Senate of the political party having the second greatest number of Members of the Senate. (6) The Surgeon General of the United States. (b) Four members of the Commission shall constitute a quorum and a concurrence in writing by at least four members shall be required for any determination made by the Commission. (c) Members of the Commission shall serve as such without compensation: but they shall be reimbursed for travel, subsistence, and necessary expenses incurred by them in the performance of their duties. (d) The Chairman shall convene the Commission without delay upon receipt by him of a written notification from the Vice President or person next in line of succession to the Presidency provided by section 2(b) or upon receipt by him of a communication in writing from two members thereof stating that they have sufficient cause to believe that the President has an inability to discharge the powers and duties of the office of the President. SEC. 4. (1) Upon receipt of written notification from the Commission of Presidential inability pursuant to section 2(b) of this Act, the House of Representatives, if then in session and if not at such time as it shall convene, shall proceed forthwith by resolution adopted by a vote of the majority of the Members of the House of Representatives present and voting (providing a quorum is present), to request the Senate to take appropriate action to determine whether the President has an inability to discharge the powers and duties of his office. A copy of such resolution shall, upon its adoption, be forwarded immediately to the Chief Justice of the United States and to the Senate. If the House shall fail to request the Senate as aforesaid, the Clerk of the House shall immediately thereafter give written notification ic the person acting as President of such fact and such person shall forthwith cease to discharge the powers and duties of the President. (2) Upon receipt of the copy of such resolution the Senate shall forthwith proceed to finally determine whether the President has such inability to discharge the powers and duties of his office. The Chief Justice of the United States shall preside over the Senate throughout its deliberations and the Vice President shall not participate therein. Notice and opportunity to be heard shall be given to the President. (3) If the Senate determines, by a vote of two-thirds of the Senate present and voting (providing a quorum is present), that the President or the person acting as President has such inability to discharge the powers and duties of his office, the Senate shall, by a resolution adopted by the same two-thirds vote required to make such determination, direct the Vice President or person next in line of succession to the Presidency to act as President during the period of inability of the President or Acting President, or until the end of the then current Presidential term. If the Senate shall fail to so determine the existence of Presidential inability, the Secretary of the Senate shall immediately give written notification to the person acting as President of such fact and such person shall forthwith cease to discharge the powers and duties of the President. (4) Any determination made by the Senate under the preceding paragraph may be revoked and the inability of the President or the person acting as President which was the basis of such determination may be declared to have terminated by the Senate as in the case and manner of the original determination. And in such event the Senate shall by a resolution adopted by a vote of two-thirds of the Senate present and voting (providing a quorum is present) declare that the President is restored to the powers and duties of the office of the President effective at such time as may be provided by such resolution. The CHAIRMAN. I will hear you now, Senator. STATEMENT OF HON. BIRCH E. BAYH, A U.S. SENATOR FROM THE STATE OF INDIANA Senator BAYH. Mr. Chairman, may I first ask the chairman of the committee if I may have permission to have Mr. Conrad, chief counsel of our Subcommittee on Constitutional Amendments seated at the witness table. Second, I would be more than happy to yield the honor you have given me as first witness to the Attorney General. Is that in accordance with the wishes of the chairman? I only want to make this as expeditious as possible and whatever the chairman decides certainly will be in accordance with my wishes. The CHAIRMAN. Mr. Attorney General, do you want to embrace that invitation of the Senator? Mr. KATZENBACH. No, Mr. Chairman, I think Senator Bayh has been burdened by this for a long time and I would be happy to have him go first. Mr. POFF. We are going to have the services of the Attorney General. He is going to be here to testify. If we don't complete it this morning, we will want him back. The CHAIRMAN. Proceed, sir. Senator BAYH. Mr. Chairman, I have a statement which, in light of the very pertinent statements of both the distinguished chairman and ranking minority member of the committee I feel would be best inserted in the record at this point. I would be happy to just summarize the statement rather than read it. The CHAIRMAN. Be glad to have it received in the record, sir. TESTIMONY BY SENATOR BIRCH BAYH Mr. Chairman, and members of the committee, I am Birch Bayh, U.S. Senator from Indiana. I am grateful for this opportunity to appear before you and testify in behalf of House Joint Resolution 1, introduced by the distinguished chairman of this committee, relating to the problems of Presidential inability and filling vacancies in the office of Vice President. I was privileged to sponsor in the Senate this year a resolution identical to one which I had sponsored in the 88th Congress and which passed the Senate by a vote of 65 to 0. Last year, the Senate Subcommittee on Constitutional Amendments, of which I have the honor to be chairman, conducted extensive hearings on 13 resolutions dealing with Presidential inability and filling vacancies in the office of Vice President. This year, the Senate subcommittee conducted 1 full day of hearings and heard testimony from several distinguished witnesses, including the Honorable Nicholas Katzenbach, President Johnson's nominee for Attorney General of the United States. The Subcommittee on Constitutional Amendments reported favorably on Senate Joint Resolution 1 which, at that time, was identical to House Joint Resolution 1 now before this committee. The full Senate Committee on the Judiciary subsequently reported the proposal to the Senate with no substantive changes but with several alterations in language. It is to the resolution now pending before the Senate that I would like to address myself and to commend its present form to this committee for its earnest consideration. Mr. Chairman, at this time I request that Senate Joint Resolution 1, as altered by the Senate Committee on the Judiciary, be printed as a part of my remarks. Section 1 of the resolution simply puts into the Constitution a practice which has been traditional in the United States since 1841. In that year, with the death of President William Henry Harrison, Vice President John Tyler established the so-called Tyler precedent by insisting that he was the President and not merely Acting President. This complete transfer of Presidential preroga |
