The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1920-02-18
Constitutional Amendment is
Proposed for Head Of Nation
When Chief is not
Capable.
INTRODUCED IN HOUSE
Plan is for Vice President or Ranking
Cabinet Officer to be Given
Full Power by
Congress.
IBy Hebert W. Walker, United Press
Staff CnrreSnondent

Staff Correspondent
WASHINGTON. Feb. ia consti-
tutional amendment giving congress
and the supreme court joint powers
to authorize the vice president or the
ranking cabinet officer to assume the
duties of the president during a dis
ability 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 is unable to serve after a
finding of facts by the supreme court.
In case congress was in session when
the president became disabled the
Fess amendment would give the vice
president power to call it into spe-
cial session for the purpose of deter
mining whether the chief executive
is able to function.
Details of the plan has 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 initiate proceedings to determ.
Inc whether the president Is unable
to serve would be left to later legis-
lation, but Fess believes this should be
done by resolution asking the su-
preme court to investigate. The leg
islation enforcing the proposed amend
ment would give the court power to
summon all witnesses necessary for
an inquiry into the disability Of the
chief executive.
Fess, who is an authority on United
States history, said he framed the
amendment after careful scrutiny of
the constitution and the debates dur
ing the constitutional convention.
81 have determined that the consti-
tuition is defective upon this point"
said Fess, "and that additional author
ity from the state in the form of a
constitutional amendment is necessary
to give the other two branches of the
government the judicial and the legis-
lative power to provide for such dis
abilities as have just occurred. There
is no doubt that some one should be
the responsible head of the govern
ment during such periods and be-
lieve the power of designating another
official to serve temporarily should be
left jointly to congress and the su-
UTcIue court, Illus luc cluui-
nation of partisan influences in case
congress and the president are of diff
ferent political parties. BY study
of constitutional debates l have found
this question came up in convention
and never determined. have found at
least two precedents for my position
that neither congress nor any part Of
government has power to designate
some one to serve during disability
of the president.
The Fess amendment would be an
addition to Article 2, Section /, which
reads in part:
"In case of removal Of the president
from office or of his death. resignation,
inability to discharge the duties of
said office, the same shall devolve
upon the vice president and the con-
gress may by law provide for the case
of removal, death, resignation. inabil-
ity both of the president and vice
president, declaring what officer shall
then act as president as such officer
shall act accordingly until the disabil-
ity be removed or a president shall
be elected"
The amendment would add "such in
ability shall be determined by con-
current resolution of congress after
finding Of fact by the supreme court
and the vice president shall have po>>-
er to call congress in special session
for such purpose, If it is not then in
session"