PRESIDENTIAL INABILITY HEARINGS BEFORE THE COMMITTEE ON THE JUDICIARY EIGHTY-NINTH CONGRESS FIRST SESSION ON H.R. 836; H.R. 3792; H.J. Res. 1, H.J. Res. 3, H.J. Res. 29, H.J. Res. 33, H.J. Res. 41, H.J. Res. 53, H.J. Res. 67, H.J. Res. 118, H.J. Res. 119, H.J. Res. 129, H.J. Res. 139, H.J. Res. 140, H.J. Res. 143, H.J. Res. 154, H.J. Res. 158, H.J. Res. 183, H.J. Res. 219, H.J. Res. 220, H.J. Res. 224, H.J. Res. 235, H.J. Res. 236, H.J. Res. 239, H.J. Res, 240, H.J. Res. 248, H.J. Res. 250, H.J. Res. 254, H.J. Res. 264, H.J. Res. 265, H.J. Res. 274, H.J. Res. 280, H.J. Res. 293, H.J. Res. 294, H.J. Res. 302, H.J. Res. 310, H.J. Res. 312, H.J. Res. 329. MISCELLANEOUS PROPOSALS RELATING TO PRESIDENTIAL INABILITY 44-261 FEBRUARY 9, 10, 16, AND 17, 1965 Serial No. 1 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1965 COMMITTEE ON THE JUDICIARY EMANUEL CELLER, New York, Chairman MICHAEL A. FEIGHAN, Ohio ROBERT T. ASHMORE, South Carolina BASIL L. WHITENER, North Carolina ROBERT W. KASTENMEIER, Wisconsin WILLIAM L. ST. ONGE, Connecticut DON EDWARDS, California п WILLIAM M. MCCULLOCH, Ohio CHARLES MCC. MATHIAS, JR., Maryland House Joint Resolution 274 (Mr. Horton) - House Joint Resolution 293 (Mr. Robison). House Joint Resolution 294 (Mr. Robison). House Joint Resolution 302 (Mr. William D. Ford). Text of bills. H.R. 836 (Mr. Multer). H.R. 3792 (Mr. Derwinski). House Joint Resolution 1 (Mr. Celler). House Joint Resolution 154 (Mr. Fulton of Pennsylvania). House Joint Resolution 183 (Mr. Halpern). House Joint Resolution 219 (Mr. Moorhead). House Joint Resolution 220 (Mr. Moorhead, by request). House Joint Resolution 310 (Mr. Byrne of Pennsylvania). House Joint Resolution 329 (Mr. McClory). Testimony of— STATEMENTS Bayh, Hon. Birch E., U.S. Senator from Indiana__ Bennett, Hon. Charles E., U.S. Representative from Florida__ Brownell, Hon. Herbert, former Attorney General of the United Halpern, Hon. Seymour, U.S. Representative from New York......... Horton, Hon. Frank J., U.S. Representative from New York..... Jacobs, Hon. Andrew, Jr., U.S. Representative from Indiana Katzenbach, Hon. Nicholas deB., Attorney General of the United Lindsay, Hon. John V., U.S. Representative from New York. Love, Hon. Rodney M., U.S. Representative from Ohio.. McCulloch, Hon. William M., U.S. Representative from Ohio... Mathias, Hon. Charles McC., Jr., U.S. Representative from Maryland. Monagan, Hon. John S., U.S. Representative from Connecticut --- Musmanno, Hon. Michael A., justice, Supreme Court of Pennsylvania, Powell, Hon. Lewis, Jr., president, American Bar Association, Rich- Robison, Hon. Howard W., U.S. Representative from New York.. Taylor, Martin, Esq., chairman, Committee on Federal Constitution, Association of the Bar of the City of New York, Committee on Federal Legislation (report dated June 1, 1964) - Centre County, Pa., Bar Association (resolution). Cohelan, Hon. Jeffery, U.S. Representative from California....... Dent, Hon. John H., U.S. Representative from Pennsylvania_ Derwinski, Hon. Edward J., U.S. Representative from Illinois. Gilbert, Hon. Jacob H., U.S. Representative from New York... Gonzalez, Hon. Henry B., U.S. Representative from Texas--- Kraus, Laurence G., 89 Bellevue, Corinthian Island, Belvedere- Moorhead, Hon. William S., U.S. Representative from Pennsylvania_ New York State Bar Association, Committee on Federal Legislation_ Randall, Hon. William J., U.S. Representative from Missouri. Roush, Hon. J. Edward, U.S. Representative from Indiana____ Roybal, Hon. Edward R., U.S. Representative from California. Shriver, Hon. Garner E., U.S. Representative from Kansas-. Stafford, Hon. Robert T., U.S. Representative from Vermont.. Tenzer, Hon. Herbert, U.S. Representative from New York. Toll, Hon. Herman, U.S. Representative from Pennsylvania.......... 95 192 292 291 180 182 269 PRESIDENTIAL INABILITY TUESDAY, FEBRUARY 9, 1965 HOUSE OF REPRESENTATIVES, Washington, D.C. The committee met at 10 a.m., pursuant to call, in room 346, Cannon Building, Hon. Emanuel Celler (chairman) presiding. Present: Representatives Celler, Rodino, Rogers, Donohue, Brooks, Kastenmeier, Corman, McCulloch, Cramer, Lindsay, Mathias, and Hutchinson. Also present: William H. Copenhaver, associate counsel; William R. Foley, general counsel. The CHAIRMAN. The meeting will come to order. The Chair will read an opening statement, followed by a statement to be read by our esteemed Representative from Ohio, Mr. McCulloch. (Opening statement, Chairman Emanuel Celler:) Today, the full committee of the House Committee on the Judiciary initiates hearings on 32 proposals relating to the problem of presidential inability. We are confronted with one of the most difficult problems that has ever challenged a Congress. It is a problem which has existed since the adoption of the Constitution and on more than one occasion it has been a stark reality. There is no doubt that this problem has many difficult facets-legal, political, and constitutional. A mere review of the congressional attempts to find a solution is adequate proof of the complexities and difficulties involved. Moreover, the history of the Presidency and the Vice-Presidency indicates the necessity for meeting this problem headon. Eight of our Presidents have died in office and on 16 different occasions the office of Vice President has been vacant. We are very fortunate that at no time have both offices been vacant simultaneously. It is interesting to note also that public interest in a solution to the problem of presidential inability reaches its peak when the situation arises, but subsides once the emergency has passed. The recent tragic death of President Kennedy has served to arouse public interest in the problem. We cannot permit this interest to languish into apathy again. I, for one, have had a deep and probing interest in solving the problem which arises from the vague language of article II, section 1, clause 6 of the Constitution relating to presidential inability. In 1955, as chairman of this committee, I ordered a staff study of this problem and I appointed a special subcommittee of the ranking members to further the study. This study sought out the views of a select group of leading constitutional law professors and leading political scientists by way of a questionnaire. These answers and an analysis of them 1 |