Evening star., 1924-06-11
In TODAY'S SPOTLIGHT
BY PAUL r. COLLINS

right of choice shall devolve upon
them, before the fourth of March
next following. then the Vice Presi-
dent shall act as President, as in the
rcase of the death or other con-
stitutionaI disability of the Presi-
dent,
But what Vice President? The
one in Office whose term would ex-
pire on March 4, following the abor-
tive November election, or the one
chosen in November and to be sworn sworn
in on the following March 4? or
the one chosen by the Senate in case
none is elected by the electoral col
lege following the November pop
ular election? The Constitution is
not specific in simply saying "the
Vice President"
Today we have no Vice President.
Even If such an official now existed,
his term of office to which he was
elected in 1920 would expire next
March 4, and 1t is not clear that the
Constitution means TO extend his
term of Office beyond the term for
which he was elected, in order that
he might serve as President to fill a
vacancy. AS the Constitution makes
no provision that President shall
serve until his successor is duly
elected and qualified. 1T would re-
Quire, according to most authorities,
a strained construction that would
extend the term of a Vice President
until new President were elected and
sworn in Besides, the provision says
the Vice President shall act as Presi-
dent If the House has failed to elect
President by March 4-indicating g
that March 4 ends the power of the
House to select a President at all,
SO that after that date the Vice Pres
ident shall act until the end Of the
ensuing four-year term.
- In the case of the failure of the
Senate to select a Vice President be-
fore March there appears a possi-
executive branch of our trf-part gov
ernment.
+ X *
The Constitution authorizes Con
gress by law to provide for the case
OF removal, death. resignation or dis
ability Of both the President and Vice
President, declaring what officer shall
then act as President and such OFF,
Ger shall act accordingly until the
disability be removed or President
elected" (Article II, section ID
Congress has provided that in case
both a President and Vice President
die or become unable to fulnll the
duties of the Chief Executive, the
succession shall pass to the Secretary
of State, War, Navy or Interior. in
the order named. But all these off,
ciaIs go out of office at the end OF
the present presidential term, since
they are appointed only for the term
of the existing President. The law
referred to provides succession only
within the limits of the current pres
idential term. after the end OF
presidential term there is no CABINET,
if there is no President.
The House by law then could des-
ignate the Chief Justice or some 9TH
er OFFICIAL" to serve as President
but could a member of the Supreme
without disQualifying himself from
sitting in any case arising thereafter
in connection with his presidential
acts? And would 4 member of the
Supreme Court consent to enter po-
litical entanglements, even for an
emergency? Would party lines merge
to select as temporary President one
who had formerly been a prominent
party leader, though now on the
bench?
When an election comes to Con-
gress from the electoral college it is
the old Congress which passes upon
1.-THE lame ducks instead of the
newly elected members. The Senate
has passed the Norris amendment to
the Constitution, which would pro-
vide that newly elected members
January following election-not thir-
teen months after election. But this
cannot apply this year. becauseiit Is
not yet passed by the House nor rat
ified by the states.
Copyright. 1924. BY Paul V. Collins