Evening star., 1945-06-28
Letters to The Star
Discusses Questions Raised by
plan IN Setf1o Cuccaee;on

discusses Questions RAISED by
Plan to Settle Succession
To the Editor Of The Star:
The proposal to make the Speaker Of
the House of Representatives or the
President pro tenn of the Senate a de-
pository of the executive powers of the
President of the United States in event
OF the death or inability of an elected
President or Vice President to serve
gives rise to many disquieting questions,
other than whether either is an "elect-
ed" officer, which is the principal If not
the only reason given for the proposed
change. @
First: The Constitution requires that
the Congress "by law provide" in such
case what officer shall then act as
President . until the disability
be removed or a President shall be
elected" Could such a pro tenn and
temporary tenant of the Office so desig-
mated be said in any event to have
been elected" to that Office in the
sense contemplated? Certainly no group
of citizens or officers recognized by our
a President would have participated
therein.
Second: Is a Representative or a
Senator an Officer" Of the Government
within the meaning Of the Constitu-
ton? Authorities seem to differ on that
point.
Third: Waving this, if one may,
tpI,
of the Representative or Senator act
ing as Speaker or President pro tenn,
as the case may be, so as to require
the election Of another Senator or
Representative or Speaker or Presi-
dent pro tenn in his place?
Fourth: If so, what would be the
status Of such an acting President on
the removal of supposed disability"
or the election of "a President" as con-
templated by the Constitution? Would
he be ousted from his post of Repre-
sentative and Speaker, or Senator and
President pro TEN, as well as acting
President, upon the election of "a
President?
Fifth: II not, what would be his
status If his term as Representative
or Senator should expire ad interim
and he fail of reelection to either
post? Would this again vacate the
presidency?
Sixth: If SO, who then succeeds on
the reoccurence of the vacancy?
Sees Powers Duplicated.
Seventh: If such succession did not
vacate the current term of an acting
President as President pro tenn or
Speaker as the case may be, we would
have the head of one or the other of
the legislative branches of the Govern
ment exercising the powers of both the
executive and legislative departments
Of the Government at the same time,
contrary to the theory of our Constitu-
ton that such powers must be kept
separate and distinct so that no one
shall possess the powers of any two at
the same time, in the absence of ex-
press provisions to the contrary in the
Constitution. In other words, are the
two posts incompatible, in the constitu-
tional sense, under our theory of gov-
ernment?
Eighth: The Constitution provides
that no one under IS years of age and
not native-born citizen shall be eligi-
BILE to the presidency. Neither of these
limitations apply to members of either
branch of Congress. The age qualifica-
tions for Representatives is Is years,
and for Senators 80 years. Henry Clay
served as Senator when under 80 and
many members of the lower house have
served under 35. What would be the
situation if neither the Speaker nor
the President pro tenn fulfilled the
presidential requirements in either of
these respects?
Ninth: Does not the present arrange
ment more nearly fit the mere pro
tenn tenure of Office, contemplated by
Congress, pending the election of "a
President" so long as Congress fails to
provide by law how "a President" shall
be elected in event of disability, per-
manent or temporary, of both regularly
elected President and Vice President?
Tenth: Might We not be jumping from
frying pan into fire of doubt and
dissenSion by adopting the proposed
plan which might result midterm IN
a radical change in the political and
economic complexion of an administra-
ton then in power at least as the
result of the latest authorized express
sion of the popular> will in those re-
CARDS?
I might suggest, as an alternative,
that in addition to the existing pro-
vision for an ad interim acting" Presi-
dent (Which has served through at
least two such emergencies as now con-
front us without causing public un-
easiness) that Congress provide by law,
as contemplated by the Constitution,
for the election of "a President" to fill
out the unexpired term in such an
emergency by either reassembling the
electoral college, which elected the last
preceding President and Vice Presi-
dent, or requiring the States to ap-
point a new electoral college in the
manner provided by the Constitution.
which need require no great lapse of
time, and pending which the Officer
designated, as at present, would con-
tinue to function with the existing
cabinet. JNO. S, BARBOUR.
Fairfax, Va.