Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-02-10

IN q missing pane posed 1uCbLicl
subcommittee on the problem I
QUESTIONABLE replies from
other experts on constitutional.
Of the matter showed a wide
range Of opinion and proposals
Mr.. Hoover's response. shortest
received thus far by the House
judiciary Subcommittee. dealt
with only Q few Of the specific
queries. He said he interpreted
the Constitution as giving Con-
gress the power to determine
who shall take over the executive
powers In case Of the inability Of
the President to serve. He stated
that "the determination of dis
ability and its termination
should rest with the cabinet and
the executive powers should be
exercised by the Vice President
during any such period"
Question Still Up In Air
The suggestions to the sub
committee, made public last
night by Chairman celler, Dem
ocrat Of New York. offered much
important material. It neverthe-
less did not simplify the task Of
telling how to define, determine
and assure effective Government
operation when Q President is
incapacitated. Additional an
swers to questionnaires sent out
last November are being COM
piled and will be issued later this
month.
1T Is high time that Congress
comes to grips with the problems
of presidential inability" Mr..
Celler declared. Except for a
few sporadic efforts. Congress
never attempted to deal seriously
and effectively with this prob
lem. The questions Of how and
when. in the event Of presiden-
tial inability. the powers and
duties Of the President devolve
upon the Vice President remain
unanswered"
The heart attack Of President
Eisenhower was the immediate
reason for the study by Congress
at this time. Mr.. Celler said
prompt congressional action to
clarity the long-unsettled ques-
ton Is even more important be-
cause "of the present precarious
condition Of world affairs and
the tremendous responsibility
which world leadership has
placed. in our hands"
Inability" Issue Questioned
The QUESTIONABLE sought in
formation on the meaning Of the
word Inability" IN the Constitu-
tons reference to the President;
whether q definition should be
written into law; and how such
a definition should cover both
mental and physical inability,
and whether 1t should specify
duration.
The QUESTIONABLE also asked
what officer. agency or group
should nrst raise the question Of
presidential inability and, when
once raised, how should "inabil-
ity" be ofiicially determined. des-
ignated as temporary or perma-
nent, or eventually declared at
an end. Still other questions
dealt with possible constitutional
or legal changes that might be
necessary and the authority and
responsibility Of the Vice Presi-
dent in such q situation.
Mr.. Hoover's view that the
cabinet should make the deter
minAtion and announce the ter
mination Of a Presidents disa-|
bility was shared by compare
lively few Of the others whose
suggestions were made public.
Most proposed that the deter
mination be made BY groups
such az an extraordinary COM
mission" q seven-me1nber citi-I
zens committee whose finding
would be subject to Supreme
Court approval, or q special con-
tinuing committee Of Congress.
Great Harm Feared
None ventured . detailed defl-1
milton of inability" as used in
the Constitution. Practically all
advised Congress that the job
OF framing such . definition in
law might do more harm than
good.
Il was in this connection that
several d the replies emphasized
that the scope OF inability" to
serve may have been greatly
broadened In the age OF atomic
weapons and about war. not To-
mention organized domestic
criminals. The problem goes be-
You'd questions Of physical or
mental health, they said.
II would invite attention to-
the danger that should be artici.
pated as an incident to any
atomic attack upon this coun-
try" Prot. Charles Faifman Of
the Harvard Law School said
The problem OF providing for
effective presidential leadership
and for maintenance Of an ade-
quate Congress seems TO me even
more important than that Of
providing FOR an inability result
ing from illness.
II urge that when the COM
mittee studies legislation and the
possible need for a constitutional
amendment. It consider the en-
tire problem Of providing for
continuity Of governmental lead
.ership under all contingencies.
Better to envisage 1t as a whole
than TO think only Of the aspect
that President Eisenhower's ILL
ness has suddenly brought to
mind"
Disasters Suggested
Similarly, several suggested
that any measures for deter
mining the temporary or pef.
manent inability Of PresidAnt.