, 1923-08-15
The Point Overlooked

1t Is both amazing ana amusing tnat III u no
current talk about the necessity of lesscning the
Increasing strain upon our president In the dis
charge of the duties of his office, the plain, pre-
else provision Of the constitution for exactly that
thing has not been borne in mind. Not a line
of legislation is required. Nothing except to
give the correct construction to two small words
-"the same" All that would have to be done
in case of the inability Of the president, whether
through absence or ill-health or pressure Of multi
furious duties, whether permanent, temporary, or
partial, to discharge his duties, is for the presi-
dent to ask the vice president to discharge all or
such portion Of them as he may designate
True, the conception of the vice president as n
stop.gap official, waiting for n dead mans shoes
and given the job of presiding over the senate for
something to do meanwhile, is not in harmony with
this proposition. That conception, however, has
no foundation in the constitution.
In common parlance, by common usage, a vice
president, whether of a corporation or club or any
other body, is an official who acts upon occasion
in place of the president. And that is exactly the
intention in the federal constitution. article II,
Section 1, Clause g. 1t reads: "In case of the
removal of the president from office, or of his
death, resignation or inability to discharge the
powers and duties of said office, the same shall
deUolre on the vice president"
To what do these words "the same" refer, to
II ollltCo vi LII utit III tHC iiiob hhiNo OFtht'
1t is immaterial. In the fourth it is very mater
ial. In the 1874 years of our history under this
constitution there never has been any %construc-
ton of the meaning Of those words. We have
had no removal from office, nor resignation. We
have had six deaths. Only one case of inability,
and in that case no action was taken under the
clause in question. The strain upon our presi-
dent has now grown so great that something must
be done to relieve him. 1t disabled President
IL IL H. 1.1-I --,l-- Iii c.
the question must be answered. To what do the
words "the same" refer, to the office or the duties?
The answer is clear, for it is founded on the
word "devolve." An office passes from ono man
to another. 1t does not "devolve.' Now, II it is
the duties which devolye, rather than the office,
1t is equally clear that the devolution ceases when
the inability ceases. 1t is also clear that if the
inability is only partial, the devolution is only par.
tial. In short, the true conception of the vice
president is that he is an official who acts as
president in case of the removal or death or resig-
nation or of the total or partial inability of the
president to discharge the duties of the office.
This construction is borne out by the provision
In the Language following the quotation: "And
the congress may by law provide for the case of
removal, death, resignation or inability both of
: president and vice president, declaring what
1 -er shall then act as president" Note the
words, not become president, but act as president.
Under this last provision it would be compe.
tent, though not necessary, for Congress to pass a
short act providing for action by the vice presi,
dent in a case of inability for whatever cause.
President Harding took a step in the right direc-
ton of closer harmony between the President and
Vice President in making Vice President Coolidge
n member OF his cabinet. Another step would be
for the president to call upon the vice president
for his assistance in any case of total OF partial
inability to discharge any or a part of the duties
Of his office.
Such n conception Of the vice presidential office,
on the one hand, does not in the slightest degree
derogate from the dignity of the office Of president.
and on the other hand, it enhances the dignity of
the office of the vice president 1t converts hi,a
from being a prcsidat in posse into one in esse
as occasion calls Such is the true theory OF the
constitution.