The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-02-18
Ohio Representative Suggests
Constitutional Change.
CALL VICE PRESIDENT TO JOB
Is Being introduced in the
House Today.
Ii Congress Not in Session Spe-
ciaI Could Be Called.

washington, rep. ia cOnStltu-
tiopal amendment giving congress and
the supreme court joint power to au-
thorize the vice president or the rank
ing cabinet officer to assume the duties
of the president during a disability of
the chief executive has been prepared
by Representative S. D. Fess, Ohio,
for introduction in the house today.
Fess would have the constitution
amended so that congress might by
concurrent resolution declare that the
president was unable to serve, after
finding of facts by the supreme court.
In case congress was not in session
when the president became disabled
the Fess amendment would give the
vice president power to call it into
special session for the purpose of de-
termining whether the chief executive
is able to function.
Author Is an Authority
Details of the plans have not been
completed by Fess, as he believes sew
eral features of his proposal must be
left to legislation to enforce the con-
stitutional amendment.
Just who would institute the pro-
ceedings to determine whether the
president is able to serve will be left
to later legislation, but Fess believes
this should be done by a resolution
asking the supreme court to investi-
gate. The legislation enforcing the
proposed amendment would give the
court power to summon all witnesses
necessary for an inquiry into the dis
ability of the chief executive.
Fess, who is an authority on United
States history. said he framed the
amendment after a careful scrutiny
of the constitution and the debates
during the constitutional convention
Real Defect in Constitution.
It have determined that the consti-
tuition is defective upon this point
said FeSs, "and that additional au-
thority from the states in the form of
sary to give the other two branches
of the government, the judicial and
the legislative. power to provide for
such disabilities as have just occurred.
There is no doubt that someone should
be the responsible head of the govern
ment during such periods and I be-
lieve the power of designating another
official to serve temporarily should be
left jointly to congress and the su-
preme court, thus assuring the elimi-
nation of partisan influences in case
congress and the president are of diff
of the constitutional debates I have
found that this question came up in
the convention and was never finally
determined. Likewise 1 have found
at least two precedents for my posi-
ton that neither congress nor any part
of the government has power to desig-
nate some one to serve during a dis
ability of the president
Be Addition to Art. 2. Sec. 4.
Fesss amendment would be an ad
dition to article ., section 1, which
reads in part I'm case of the re
moval of the president from office
or of his death, resignation. inabilit!
| to discharge the duties of said office
| the same shall devolve upon the vic'
president and the congress may by Law
provide for the case of removal, death
resignation, inability both of th'
( president and vice president, declar
| ing what officer shall then act a
president, and such officer shall &C
according until the disability be re
moved or a president shall be elected.
The amendment would add. 'Suci
| disability shall be determined by ;
concurrent resolution of congress afte
a finding of fact by the suprem'
court and the vice president shall
have power to call congress in specia
session for such purpose, if it is no
| then in session"