Mr. Speaker, I commend the authors of this resolution because they recognize how important it is to protect our constitutional government, even from the possibility that perhaps hundreds of Members of this Congress might be killed by a…
Mr. Speaker, I commend the authors of this resolution because they recognize how important it is to protect our constitutional government, even from the possibility that perhaps hundreds of Members of this Congress might be killed by a terrorist act. We should, however, also take a look at the possibility that the death of one, two, or three individuals in line to serve as President could also undermine our constitutional government. We must protect both branches of government from unfortunate acts or terrorist aggression. That is why I strongly support this resolution and wish to bring to the attention of my colleagues a letter that I sent out last week urging them to become cosponsors of the Presidential Succession Act of 2003.
The line of Presidential succession determines who becomes President if both the President and Vice President have died or are unable to fulfill their duties. That line should be as solid as the concrete barriers that protect our Capitol grounds. Unfortunately, that line is not. However, with a mere change in statute, not a constitutional amendment, Congress can ensure the certainty in the line of succession as well as the continuity of the Federal policies of the executive branch.
Article 2, section 1 of the Constitution allows Congress to determine the line of succession to the Presidency following the Vice President. Congress last seriously addressed this issue when it passed the Presidential Succession Act of 1947. Unfortunately, the 1947 act is ambiguous and we cannot afford ambiguity as to the identity or the legitimacy of the President of the United States, particularly at a time of crisis. The 1947 act is further flawed because it allows the Presidency to be shifted from one political party to the other during a 4-year term. This means that if the Vice Presidency is vacant, our stock markets and our foreign enemies will wonder whether some unfortunate event will cause a radical shift of our policies. A terrorist might see an opportunity to radically shift our policies by killing just one individual. And a partially or temporarily impaired President would be highly unlikely to either take a leave of absence under the 25th amendment or to resign permanently if that action would vest control of the executive branch in the opposite political party.
Current law provides that if the office of Vice President is vacant, the next in line is the Speaker of the House, followed by the President pro tempore of the Senate. In the recent season finale of the ``West Wing,'' the President was under extreme personal stress. There was no Vice President serving. That President invoked the 25th amendment and temporarily transferred control of the executive branch to the Speaker of the House who happened to be of the opposite political party. Would that happen in real life? I would hope so, because I would hope that a President under extreme stress would take a leave of absence as provided in the 25th amendment. But in real life, a President arguably suffering from temporary impairment would hang on to the Presidency with the same tenacity that my friend Strom Thurmond held on to his Senate seat when he knew that if he resigned from the Senate he would be replaced by the appointee of a Democratic Governor.
Speaking of my friend Strom Thurmond, we should remember that just a few years ago, while Strom was in his late 90s, he was third in line to succeed to the Presidency. Does this make sense in an era of suicide assassins? In a document that I will append in the Record to my remarks here, I will point out that under some scenarios, we could have five individuals, each with a legitimate claim to be President. I will summarize it by simply saying that if we did not have a Speaker of the House, someone could claim to become President because they were serving as temporary Speaker under House rule I, clause 8, subprovision (3)(A). Someone who became Speaker of the House could then try to displace someone who had been temporary Speaker, and then we could have a President pro tem of the Senate all claiming. We could have even more scenarios.
Some will say that Presidential succession has never gotten past a Vice President, but that happened because Gerald Ford was confirmed promptly, before Richard Nixon resigned. Furthermore, in April 1865, John Wilkes Booth headed a partially successful conspiracy to assassinate President Lincoln and those who were first, second and third in line to succeed him. Are we sure that al Qaeda can do no worse?
That is why I will put forward the Presidential Succession Act of 2003, which is similar to legislation I proposed in March 2001. Under it, the President would file a document with the Clerk of this House indicating whether third to succeed to the Presidency should be either the Speaker of the House or the minority leader and whether the fourth should be the Senate majority leader or the Senate minority leader. And, of course, these could be changed if control of the House or the Senate changed. More importantly, the bill would state that once someone becomes President, they serve for the rest of the 4-year term and cannot be pushed aside by someone who later becomes, say, Speaker of the House and is higher in the list. Once they begin to serve a Presidential term, they continue.
Today we will act to ensure the continuity of Congress. Later this year we should act to ensure the continuity of the executive branch. Our friends and enemies around the world and the investment community should know that similar policies will continue throughout a 4-year term and that the Presidency cannot be shifted to another party by a tragic event. More importantly, it should be absolutely clear as to who is legitimate President of the United States. We need to act this year.
[From the Roll Call, May 21, 2003]
Act Now To Ensure Smooth Succession to Presidency
(By Rep. Brad Sherman)
In the post-Sept. 11, 2001, reality, we have seen military
guards with M-16s patrol the Capitol and anti-aircraft
artillery stationed around national monuments. It is no
mystery that terrorists actively seek to interrupt our
constitutional democracy.
The line of presidential succession, which determines who
becomes president if both the president and vice president
have died or are otherwise unable to carry out their duties,
should be as solid as the concrete barriers lining the
Capitol grounds. It is not. However, with a change in
statute--not a constitutional amendment--Congress can ensure
certainty in the line of successors, as well as continuity of
federal policies.
Article II, Section 1 of the Constitution allows Congress
to determine the line of succession to the presidency
following the vice president. Congress last visited this
issue seriously when it passed the Presidential Succession
Act of 1947. Unfortunately, the 1947
act us ambiguous and we cannot afford ambiguity as to the
identity and legitimacy of the president, particularly at a
time of crisis.
The 1974 act is further flawed because it allows the
presidency to be shifted to an opposing political party. This
means if the vice presidency is vacant, our stock markets and
foreign enemies will wonder whether an unfortunate event will
result in a radical shift in policies; a terrorist might see
an ``opportunity'' to radically shift our policies; and a
partially or temporarily impaired president would think twice
about taking a leave of absence under the 25th Amendment, or
resigning, if either action would out the other party in
control of all executive departments. Finally, third in the
current line of successions is the President Pro Tem, a
ceremonial position normally held by the longest-serving
member of the Senate majority.
Current law provides that if the office of the vice
president is vacant, the next in line is the Speaker,
followed by the President Pro Tem. The recent ``West Wing''
season final demonstrated how a president, under extreme
duress could, at a time when there was no vice president,
invoke the 25th Amendment and temporarily transfer control of
the White House to a Speaker of the opposite political party.
In real life, it is more likely that a president arguably
suffering from temporary impairment would hang on to the
presidency with the same tenacity that former Sen. Strom
Thurmond (R-S.C.) held on to his seat at a time when his
resignation would have handed his seat to an appointee of a
Democratic governor.
Speaking of Thurmond, we should remember that just a few
years ago, while in his late 90s, he was third in line for
the presidency. Does this make sense in an era of suicide-
assassins?
Here is a hypothetical designed to illustrate all the
ambiguities of the 1947 act. The office of vice president,
Speaker and President Pro Tem are all vacant. The president
has nominated Ms. Smith to the new vice president, and he
awaits her confirmation hearings under the 25th Amendment.
The House and the Senate have adjourned for the year, though
Mr. Jones is serving as ``temporary House Speaker'' pursuant
to House rule 1, clause 8 (3)(A). Now, imagine that the
president dies.
Does Mr. Jones, the temporary Speaker, become president?
Probably not, but we're not sure. In all probability, the
secretary of State becomes acting president. But assume the
House then reconvenes and elects a Speaker. Does that new
Speaker then push aside the secretary of State and become the
new president? What if the Senate elects a new President Pro
Tem before the House elects a new Speaker? And what if Ms.
Smith makes it through her vice presidential confirmation
hearings--does she push aside whoever is then serving as
president? Under this scenario, and under the ambiguity of
the 1947 act, all five of the following could claim the
presidency: Ms. Smith, Mr. Jones, the President Pro Tem, the
newly elected Speaker and the secretary of State. Other, less
contrived scenarios could create three or four claimants to
the presidency. Even two plausible claimants to the White
House is one too many.
Some will say that presidential succession has never gotten
past a vice president, in part because Gerald Ford was
confirmed promptly, before Richard Nixon resigned. But Sept.
11 shows that what is unlikely to occur naturally may well
occur. In April 1865, John Wilkes Booth headed a partially
successful conspiracy to assassinate President Abraham
Lincoln and those who stood first, second and third in line
to succeed him. Are we sure that al Qaeda can do no worse?
Next month, I will introduce the Presidential Succession
Act of 2003, which is similar to legislation I introduced in
March 2001. Under this legislation, the president will file
an official document with the Clerk of the House designating,
after the vice president, the next person in line of
succession as either the Speaker or the House Minority
Leader. Similarly, the president would file instructions with
the Secretary of the Senate, designating the third in line as
either the Senate Majority Leader or Minority Leader. (These
designations can be revised if the majority becomes the
minority.) The bill will further ensure certainty in
presidential succession by clearly providing that if someone
succeeds to the presidency, that person shall continue to
serve until the end of the presidential term.
Our friends and enemies around the world, as well as the
investment community, should know that similar policies will
continue throughout a four-year term, and that the presidency
will not be shifted to the other party by a tragic event.
More importantly, the law should be absolutely clear so that
whoever serves as president, particularly at a time of
crisis, has unquestioned legitimacy. By acting now we can
accomplish these ends. Or, we can just put this off until a
problem arises.