Thwarting A Congressional Power Grab

TooGoodReorts ^ | 06/28/03 | Paul M. Weyrich

[bedolido]

Do you remember how quickly the amendment to the Constitution which enables the president to appoint a vice president in the event of a vacancy virtually snuck up on us?

There really wasn't much understanding in the country of the implications of that amendment until one day Americans woke up to the fact that they now had the first non-elected president in their history. When the duly elected Vice-President Spiro T. Agnew resigned, President Richard Nixon then appointed House Minority Leader Gerald Ford as president. This choice was quickly ratified by Congress without much thought, because at that point no one really expected Nixon to resign. But as Watergate unfolded, Nixon saw his political support evaporate and he feared impeachment. So he did resign and there was Gerald Ford, who had only won election victories in a single Congressional district in Michigan, installed as the non-elected president

He in turn appointed a vice-president who was despised in many political circles, Nelson Rockefeller. Rockefeller too was quickly ratified by Congress despite his relative lack of popularity in the nation. Thus for a little over two years America had both a president and a vice-president who had never been elected by the people. Lots of people were asking themselves "how did this happen?" Well, when almost no one was paying attention those who purport to study such matters proposed the amendment providing for the president to be able to name a vice-president in the event of a vacancy. It seemed so innocuous that it sailed through the Congress as well as the requisite number of states.

I mention this background because I am indebted to Howard Phillips for calling to our attention the work of the Continuity of Government Commission (COG) which is funded by a number of left wing foundations such as Carnegie, Packard, the MacArthur Foundation and officially co-hosted by AEI and the Brookings Institute.

COG, with the likes of former Republican Senator Alan Simpson of Wyoming, and Lloyd Cutler, White House counsel for both Jimmy Carter and Bill Clinton, is pushing constitutional amendments that Phillips correctly believes "could radically transform the constitutional structure which has endured with changes for more than 200 years."

COG wants these constitutional amendments passed by September 11, two years after the warlike attacks on the USA. They want Congress to remember that had courageous passengers not crashed the hijacked plane in Pennsylvania, it likely was headed for the Capitol and could well have killed most of the Members.

One of the COG amendments stipulates, "Congress shall have the power to regulate by law the filling of vacancies that may occur in the House of Representatives and Senate in the event that a substantial number of Members are killed or incapacitated."

Phillips said Congress would, in effect, be a permanently seated constitutional convention, able to change the law regarding the selection of its Members whenever it saw fit to do so.

Phillips quotes Tim Lizardo of Rep. Ron Paul's staff, as pointing out the extremely broad nature of this amendment. It would give Congress the power to define "substantial number" of vacancies and "times of national emergency" and even might make these appointments when there is "incapacitation" when no emergency exists.

Lizardo says that COG ignores the fact that a Congress of 199 elected Members and 236 appointed Members would be less than legitimate. "What if," Lizardo asks, "the majority of elected Members voted against a measure while the vast majority of appointed officials passed the measure into law?" He said the only thing then remotely resembling the will of the people would have been overturned by appointed representatives. .

Another COG proposal is to permit governors to fill all the vacancies in the House. Right now Governors can appoint Senators when there is a vacancy, but if there is a vacancy in the House, there has to be a special election.

Phillips wonders how Republicans would feel permitting Gov. Gray Davis to appoint all California House Members if there were vacancies in all the districts. Or likewise how Democrats would feel about having Gov. George Pataki fill all of New York's vacancies.

Simpson claims that these appointments would be temporary. But who defines temporary? And if Congress can change the law when it sees fit, perhaps they will make these appointed seats permanent, once the appointed Members dominate the Congress.

The COG scheme, according to Phillips, would let candidates for Congress (and even Members after they were elected) designate an alternate should they die.

Much damage could be done by these appointed Members before elected Members again could take their seats, if they ever would again. Once Congress passes something it is almost never repealed.

There is a lot of pressure on Congress to pass this legislation. It may be well intentioned (although when you look at who is on this Commission I am not sure) but Congress needs to take a long, hard look at these proposals before they are put to a vote.

There is no real need for this legislation. Whatever might remain of a damaged Congress can pass temporary rules with which to operate. And special elections can be held in swift fashion. It might well be good for a shocked nation if they had to respond in such elections.

In any case, the brakes need to be applied here. Otherwise we will awake and ask "how did this happen," only this time the results will be far more pernicious and the consequences more far-reaching.

[Bogolyubski]

I don't know why Mr. Weyrich is bothering with this. As of last week, the US Constitution is a meaningless scrap of paper. The only ones who know what it means are those with special decoder rings and glasses which enable them to perceive the "penumbras and emanations."

[Servant of the Nine]

The President effectively choses his Vice President before the election. Only the selection of a real Troll could hurt a candidate badly. I see nothing wrong with continuing to let him appoint a replacement if necessary.

Governors can currently appoint replacement Senators.
We really should repeal the XVII Amendment that mandated direct election of Senators.
When they were appointed by, and responsible to, State Govt. as the founders intended, they were an effective protector of States Rights and a brake on the Federal Govt.

We need some mechanism to quickly fill vacancies in the House of Representatives should the number fall below a quorum, otherwise legislation could cease in time of emergency. These appointments should be temporary only, until elections could be held.

So9

[dark_lord]

Big deal. The appointments would only happen if a majority of Congress were wiped out by some kind of catastrophe. And then they would only serve out the rest of the term of the member they were replacing. Since representatives only serve a 2 year term, the appointed members would serve for less than 2 years before having to face a general election.

[wafflehouse]

interesting.. bump for later

[bedolido]

I would like to see a way for Governors to temporarily assign Congressmen and Senators due to acts of terrorism or catastrophy.

Then a state election can be held asap.

[SC_Republican]

Don't amendments have to be ratified by a two-thirds majority of the states

Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

[SC_Republican]

I belive the 25th ammenedment passes in 1967 covers this:

Amendment XXV

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

[orchid]

In 1976 a friend asked me how I was going to celebrate the Bicentennial. I told him that I would celebrate our Independence
on Election Day when we could finally have an elected president
(unfortunately, it was Jimmy Carter. I don't want to hear about GWB being "selected, not elected"). During and after the War of 1812, our leaders (many of whom participated in the drafting of our Constitution) did not engage in quick-fix, feel-good solutions to a non-existent problem. They realized that the Constitution provided for vacancies and how to fill them.
No problem, no need for a solution, PERIOD.

And while we're discussing elections and filling vacancies, repeal the 17th amendment. The House of Representatives is there
to represent the PEOPLE. The Senate exists to represent the STATES. Return to our Founding Fathers original concept of a
bi-cameral legislature with the interests of the PEOPLE vested in the House and the interests of the STATES the concern of the Senate with the needs of the NATION the driving force behind ALL legislation.
Yes, the Constitution IS a "living document," don't try to kill it. The wisdom of our Founding Fathers
has provided for all eventualities. Just look for it.

Sorry for the rant.

[Question_Assumptions]

If they really want to quickly refill Congress quickly, they should empower the State legislatures to appoint Senators and Representatives for their state the way they used to appoint Senators before the constitution was amended.

[ModelBreaker]

As of last week, the US Constitution is a meaningless scrap of paper. The only ones who know what it means are those with special decoder rings and glasses which enable them to perceive the "penumbras and emanations."

No. It became a worthless scrap of paper when Roe was decided. Last week was just confirmation of that fact.

[gcruse]

The Justice Department rides herd on medical mj, assisted suicide, and whore houses in New Orleans. Yet social conservatives are just now waking up to the raping and pillaging of the Constitution. It was okay when it suited their
purposes, but that worm seems to have turned.