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COMMITTEE ON RULES AND ADMINISTRATION

C. WAYLAND BROOKS, Illinois, Chairman KENNETH S. WHERRY, Nebraska

CARL HAYDEN, Arizona
BOURKE B. HICKENLOOPER, Iowa THEODORE FRANCIS GREEN, Rhode Island
WILLIAM F. KNOWLAND, California BRIEN MCMAHON, Connecticut
HENRY CABOT LODGE, JR., Massachusetts FRANCIS J. MYERS, Pennsylvania
WILLIAM E. JENNER, Indiana

SPESSARD L. HOLLAND, Florida
JOHN W. BRICKER, Ohio
IRVING M. IVES, New York

ALBERT L. SEIDEL, Clerk

II

SUCCESSION TO THE PRESIDENCY

FRIDAY, MARCH 7, 1947

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UNITED STATES SENATE,
COMMITTEE ON RULES AND ADMINISTRATION,

Washington, D. C. The committee met, pursuant to call, at 10:30 a. m., in room 104-B, Senate Office Building, Senator C. Wayland Brooks (chairman) presiding.

Present: Senators Brooks (chairman), Lodge, Hayden, Green, and Holland.

The CHAIRMAN. The committee will come to order.

This is the first of a series of hearings by the committee on Senate Concurrent Resolution 1, S. 139, S. 536, and S. 564. I will ask that these be incorporated in the record at this point. (S. Con. Res. 1, S. 139, S. 536, and S. 564 are as follows:)

[S. Con. Res. 1, 80th Cong., 1st sess.)

CONCURRENT RESOLUTION Resolved by the Senate (the House of Representatives concurring), That there is hereby created a joint congressional committee to be composed of five Members of the Senate to be appointed by the President of the Senate and five Members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The joint committee shall select a chairman from among its members. A vacancy in the membership of the joint committee shall not affect the power of the remaining members to execute the functions of the joint committee, and shall be filled in the same manner as in the case of the original appointment.

SEC. 2. It shall be the duty of the joint committee to make a full and complete study and avestigation of all matters connected with the succession to the Presidency, and the election of the President and Vice President from the time of the nomination of the President and Vice President, through the time of their election and the time of their inauguration until the termination of their respective terms of office, with the purpose of making the law certain as to the Presidential election and succession. These matters shall include, but shall not be confined to, the following:

(1) Whether or not the President and Vice President should be elected by the Electoral College, as at present, and if so whether or not the members should be legally bound to vote in accordance with their instructions.

(2) Whether or not provision should be made for the case where before the election of Presidential electors, or after such time but before the election of President and Vice President, a candidate for the Presidency or for the Vice Presidency dies, declines to run, or is found ineligible to take office if elected.

(3) Whether or not provision should be made for the case of the death of any of the individuals from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

(4) Whether or not provision should be made for the case where, after election, the President-elect or Vice President-elect, or both, die, decline to serve, or fail to qualify.

(5) How it shall be determined whether the President, or individual acting as President, is unable to execute the powers and duties of the office, and how the duration of such inability shall be determined.

(6) Whether or not provision should be made for an individual to execute the office of President in case of removal, death, resignation, or inability, both of the President and Vice President, including provision for selecting an individual to execute such office in cases where by reason of removal, death, resignation, or inability there is no individual upon whom the powers and duties of such office would otherwise automatically devolve.

(7) Whether there are, or should be, any differences between the status, powers, duties, and privileges of an elected President and any other individual executing the office of President.

(8) Whether or not there should be any limitation on the number of terms a person may serve as President. SEC. 3. The joint committee shall report to the Senate and House of Representatives the results of its study and investigation together with its recommendations, including drafts of legislation recommended and of any proposed constitutional amendments considered necessary or desirable. The joint committee shall submit its final report to the Senate and House of Representatives not later than May 1, 1947, and thereupon the existence of the joint committee shall terminate.

SEC. 4. For the purposes of this concurrent resolution, the joint•committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings, to sit and act at such times and places during the sessions, recesses, and adjourned periods of the Congress, to employ counsel, clerical and other assistants, to require by subpena or otherwise the attendance of such witnesses and the production of such correspondence, books, papers, and documents, to administer such oaths, to take such testimony, and to make such expenditures as it deems advisable. The cost of stenographic services to report such hearings shall not be in excess of 25 cents per hundred words. Disbursements to pay the expenses of the committee, which shall not exceed $10,000, shall be made by the Secretary of the Senate out of the contingent fund of the Senate, such contingent fund to be reimbursed from the contingent fund of the House of Representatives in the amount of one-half of disbursements so made.

[S. 139, 80th Cong., 1st sess.)

AMENDMENT (in the nature of a substitute) intended to be proposed by Mr.

FULBRIGHT to the bill (S. 139) to provide for the holding of special elections to fill vacancies caused by removal, death, resignation, or inability of both the President and the Vice President, viz: Strike out all after enacting the clause and insert in lieu thereof the following:

That the first section of the Act entitled "An Act to provide for the per: formance of the duties of the office of President in case of the removal, death, resignation, or inability both of the President and Vice President”, approved January 19, 1886 (24 Stat. 1; U. S. C., 1940 edition, title 3, sec. 21), is amended to read as follows: "That in case of removal, death, resignation, or inability of both the President and Vice President of the United States or in case, at the time fixed for the beginning of the term of the President, neither a President-elect nor a Vice-President-elect shall have qualified, the Secretary of State; or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Treasury; or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of War; or if there be none, or in case of his removal, death, resignation, or inability, then the Attorney General; or if there be none, or in the case of his removal, death, resignation, or inability, then the Postmaster General; or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Navy; or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Interior, shall act as President until the disability of the President or Vice President is removed or a President shall be elected or shall have qualified: Provided, That whenever the powers and duties of the office of President of the United States shall devolve upon any of the persons named herein, if Congress

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