The sun., 1919-10-16
wher, the Power Abides.

Happily the discussion of the Presi-
Dental succession in case of inability,
or, more accurately, the discussion Of
the disqpalifying degree and the
method of ascertainment of such in
ability as affecting the succession, is
at present mainly academic. Every
body is hoping that these questions
may continue to be academic. Mean
while the country is we'll satisfied
with the delicate and considerable at
titude of Vice-President MARSHALL,
whs officially is the person most
concerned.
There are, however, in the situa-
ton possibilities involving considera-
lions Infinitely deeper and further
reaching than those which apply to
any special case. The measure of
their gravity and extent is to be found
In the circumstance that some of tile
supporters of the general movement
: for the expansion of Executive power
and the consequent atrophy or i'm
pairment of the powers Of the CO.
ordinate departments of the Govern
ment already seem to be preparing to
advance the theory that even in the
event Of complete and long continued
inability most If not all of the func-
tons of the President could be exer-
cised by his chosen advisers in the
Cabinet, much as they were exercised
during Mr.. WILSON'S long absence in
Europe. The former fiction of direct
administration from Paris or Rome
by means of postal or telegraphic
communication would be replaced by
the fiction of the occasional formal
reference of matters of state to the
sick room via the medical attendance
Of disabled Chief Magistrate, the
Cabinet officers in the meantime di-
viding the work of the Executive and
assuming the actual responsibility for
decisions which conStitutionally rest
with the President alone. This of
course really means government by
commission, the commission being COM
posed of the advisers personally Sc
lected by the President and confirmed
as advisers by the Senate, but with
out any constitutional apportionment
Of their respective duties as execu-
tiye officers, The status of the sew
era} principal executive officers, it
must be remembered, depends entirely
upon acts Of Congress, and the word
Cabinet is not even mentioned In the
Constitution.
= The Garfield precedent is now much
in evidence in these discussions. The
Garfield precedent, however, is not
constitutional law; and an administra-
tive precedent is not sacrosanct. 1t
may be either right or wrong.
So when theorists and opportunlsts
are discussing whether the definition
of disability and the determination of
the exact time when the disability or
inability of a President to discharge
the powers and duties of his Office de.
t. wolves on the Vice-President those
: powers and duties shall belong to the
Executive department or are a subject
for opinion by the judiciary, 1t is well
TO keep clearly in mind the plain fact
The definition and determination are
Z with the Congress. The Congress
. says the Constitution in the Eighth
Section of Article L., is "to make all
laws which shall be necessary and
proper for carrying into execution
Z the foregoing powers, and all Othe,
potoers Oested bD this Constitution in
the Government Of the United States
or In any department or officer there
Of" 1t is amazing to see how many
Americans, deluded by most de-
structive theory of government, for
: get what the Congress stands for in
our constitutional scheme.