Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-10
What Constitutes a Third Term.

What Constitutes a Third Term.
Leslie NJ Shaw, who was Secretary
OF the Treasury in the cabinet OF
President Roosevelt, has made an in
teresting contribution to the third
term discussion in connection with
the proposition to renominate Presi'
dent Coolidge. In a letter to DR..
Nicholas Murray Butler. who believes
MIR Coolidges common sense" will
deter him from Drawing the tradition
against a third term. Mr.. Shaw con-
tends Mr.. Coolidge Is now serving his
FIRST term i'm the office: that under the
Constitution he merely succeeded to
the duties of the Office when President
Harding died and not to the office
itself That. in other words, he was
merely an acting President.
A reading of section |. article III, Of
the Constitution. which provides for
the presidential succession. might very
easily enable one either to agree or
disagr with Mr.. Shaw's contention.
II is provided that I'm case of the
removal Of the President from Office
or of his death. resig nation. or in
ability to discharge the powers and
duties Of said Office the same shall
devolve on the Vice President" If
the words 1.-THE same" have reference
10 the powers and duties" of the
presidential office there is some color
ing OF support for Mr.. Shaw's argu
ment. II they refer to the office it
self his argument loses force.
More support for the Shaw theory
perhaps is to be found in the au-
thoriZation given Congress to provide
for the succession in case of the re-
r1oval. death resignation or inability
both of the President and Vice Presi-
dent. The Constitution SAYS Congress
may declare what officer shall then
act as President. and such officer shall
act accordingly until the disa bility be
removed or President shall be
elected. 1t would seem that a good
argument could be made that at least
in the case of succession because of
the inability If the President and Vice
President to function the succeeding
ohicer does not become full-fledged
President. because he has to step
Down and out in case the disability
IL removed.
The oath which the Constitution re.
euires that the President shall take
Is capable of use as an argument on
either side. II runs: II do solemnly
swear tor afirml that will faithfully
execute the office of President of the
United States. and viii, to the
best of my ability, preserve. pro
tect and defend the Constitution Of
the United States When a Vice
President succeeds TO the presi.
dency he takes the same oath. but
that seemingly is because of an &C.
cepted construction of the Constitu-
ton, as the Constitution itself Is 81
lent on the subject. 1t In to be as
sumed that should an officer desig-
mated by Congress succeed to the
presidency he. too. would take the
presidential oath prescribed by the
Constitution. If Vice President or
an officer succeeding through congress
Sional designation Is in fact succeed
ing to the office" of President the
constitutional oath is required of him.
II he is merely succeeding to the
duties of the Office and not to the Of
fee itself, the fact that he vol
unfairly takes the presidential oath
cannot make him President II he il
not President in fact. SO arguers are
at liberty to take their choice.
On the night of the presidential cleo
ton of 1904, Theodore Roosevelt is
sued statement in which he said:
ON the fourth of March next. / shall
have served three and one-haf years,
and this three and one-han years con
stitutes my first term. The wise Gus
tom which limits the President to two
terms regards the substance and not
the form and he went on to say that
under no circumstances would he be
candidate for reelection.
II MIR. Shaw, who was a member OF
the Roosevelt cabinet. does not fee
bound to accept Mr.. Roosevelt's inter
probation Of the Constitution. certainly
no one is bound by 1t at this late day
Also the term substance" comes in
for Interpretation. Mr.. Roosevelt haC
served all but six months Of the sec
ond Mckinley term. and he regarded
that as substantially full term
MIR. Coolidge served only about IL
months of the Harding term. He is
an free as was Roosevelt to place hi,
own Interpretation on the number Of
months required to constitute the
substance" Of 3 presidential term.