other plans than the one we suggest will answer it, we certainly would go along 100 percent, because we know that you people have had wide experience in many of these things, but we were looking at it from a purely unbiased point of view and came up with these recommendations.

You will find in the work of our committee we try but do not insist on being unanimous. We find if you try to be unanimous you water it down, and yet you will find there are only about three or four dissents among our whole committee.

We have complete confidence in the judgment of your two committees that you will come up with the right answer.

Mr. CHELF. I would hazard the guess that we will come up with an answer as best we can make under the circumstances. Naturally it will not be the perfect answer, because even the Constitution, as great as it was and written by men of the brains of Thomas Jefferson and others, we have had to amend it 24 times to keep it alive, vital, breathing, and active so I don't think we will come up with a perfect answer here, but maybe we will come up with something that later can be amended and through trial and error we can adjust or modify as the case may be.

Mr. FOLSOM. We thought if you would keep in mind these criteria which you just read, and which I think everybody would agree with, whatever solution you come up with that will meet these tests we think will be a pretty good bill.

Mr. CHELF. Thank you.

The CHAIRMAN. Mr. Folsom, I want to say that I got a great deal of satisfaction and got a great deal of help from this report on presidential succession and inability put out by the Committee for Economic Development, and we are very thankful to you for your very wise comments and your very gracious manner. We want to thank your committee and through you your trustees and nontrustees and all those gentlemen named in the appendix to your speech. They constitute a roster of the most brilliant and gifted talents from all walks of life in this country.

Thank you again, sir.

Mr. FOLSOM. Thank you. I am glad to be here. I am awfully sorry I was late getting over.

Mr. CHELF. It is a pleasure to do business with you, sir.

The CHAIRMAN. The committee will adjourn until 2 o'clock, when we will hear from the Attorney General and Members of Congress. (Whereupon, at 12:30 p.m., the committee adjourned to reconvene at 2 p.m.)

AFTERNOON SESSION

The CHAIRMAN. The committee will come to order.

The first witness this afternoon is the very distinguished friend from Connecticut, Mr. John S. Monagan. We are very happy to hear from

you.

STATEMENT OF HON. JOHN S. MONAGAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CONNECTICUT

Mr. MONAGAN. Thank you, Mr. Chairman and members of the committee. I am going to be very brief.

I have filed a resolution, House Joint Resolution 158. I appear in support of this resolution. It is comparable to many other resolutions. which have been filed. I am not wedded to any particular language or provision, and I am not going to take the time of the chairman on any lengthy discourse. It seems to me that we have clearly set forth the fact and spent enough time on discussion and that the time for action is here. It is urgent, it is necessary, and therefore, I ask that the committee give consideration to the proposals that are before the committee, and that they make appropriate recommendations that will be acceptable to the Congress. In this way, we will be able to move forward with this very vitally needed change in the Constitution of the United States.

I ask permission, Mr. Chairman, to have included in the record at this point a statement, and an inclusion which I have filed with the committee.

The CHAIRMAN. That may be done.

Thank you very much.

Mr. MONAGAN. Mr. Chairman, and members of the committee, I believe that enough has been said and written in support of positive action on legislation to provide this Nation with an essential guarantee of continuity in the position of Chief Executive of our Government. I shall not take the time of the committee for any lengthy discourse on the merits of my bill, House Joint Resolution 158, and others which have been filed for this purpose. It provides for Presidential appointment of a new Vice President, when a vacancy occurs, and for congressional determination of Presidential inability.

Certainly, all of us have been talking far too long on this subject and we have thus contributed to delaying the action which we recognize to be not only essential but urgent.

I respectfully urge this committee to report out a resolution which would be acceptable to the House and, ultimately, to the legislative bodies of the States. I make this recommendation to you in the belief that in all quarters there is recognition of the need for action now and without further unnecessary delay.

I will, however, with your permission, as explanation of my bill, submit for the record a copy of a statement which I placed in the Congressional Record of January 26, 1965, and which also includes copies of newspaper editorials in support of the action which I advocate.

44-261-65--12

(The statement referred to is as follows:)

A PRESIDENTIAL SUCCESSION AMENDMENT

(Mr. Monagan asked and was given permission to address the House for 1 minute, to revise and extend his remarks, and include extraneous matter.)

Mr. MONAGAN. Mr. Speaker, I want to say, again, that Congress must face up to the responsibility of providing for the effective determination of presidential and vice-presidential inability and succession. For this reason I have again filed a bill-House Joint Resolution 158-a copy of which I attach herewith, and which I believe will eliminate in the future uncertainties that have been with us on too many occasions.

Weaknesses in the present provisions for executive succession were once more brought into sharp focus following the assassination of President Kennedy. The absence of provision for filling the vacated office of Vice President caused a period of international uncertainty which remained with us from November 22, 1963, to January 20, 1965. While these questions are not new to us-witness the Wilson inability-our most recent experience highlights the need for positive action during this session of Congress. We cannot afford the hazard of further delay.

All of us are aware, I am sure, that no less than eight Vice Presidents have taken over the office of President upon the death of incumbent Presidents since 1841. This means that for nearly one-fifth of the history of the country, the Nation has been without a Vice President.

The joint resolution which I have filed for action by the 89th Congress is similar to legislation which I proposed in the 88th. It provides that in the event of the removal of the President from office or of his death or resignation, the Vice President shall become President for the unexpired term. Within 30 days after such succession, the new President would nominate a Vice President who would take office upon confirmation by the House and Senate. A majority of those Members present and voting would be required for the confirmation. Similar action would be taken in the event of removal, death, or resignation of the Vice President. Should the President declare his inability to serve in writing, he would be succeeded by the Vice President, and this succession would be automatic. In the absence of such declaration in writing, the Vice President could assume the duties and powers of Acting President with the written approval of the majority of the heads of the executive departments in office. Should there be controversy, it would be resolved by a majority vote of the Congress.

In the absence of a President and Vice President, the order of succession to the Presidency would be from the members of the Cabinet, as follows: Secretary of State, Secretary of Treasury, Secretary of Defense, Attorney General, Postmaster General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health, Education, and Welfare. Mr. Speaker, the issue of presidential and vice-presidential inability and succession is one of the most challenging before the Nation. It was of sufficient import to merit recommendation by President Johnson in his state of the Union message for action in this session.

In further support of my proposal, I include an editorial from the Meriden, Conn., Journal, of April 27, 1964. I also include an editorial from the Hartford, Conn., Times of January 15, 1965, on the same subject.

[From the Meriden Journal, Apr. 27, 1964]

PRESIDENTIAL SUCCESSION

A nation without a presidential backstop in the form of a vice president is a nation in danger of confusion and dismay in the event its chief executive is removed by death or incapacitated by illness or accident.

The United States today is in this position, lacking a Vice President and encumbered with a system of Presidential succession which would be bound to place an aged, possibly an infirm man at the helm.

To change the system, even if Congress can agree upon a plan, will be bound to take a great deal of time. Congress, giving its attention to other pressing matters, does not seem disposed to consider a matter which is possibly the most pressing of all.

Representative John S. Monagan, Democrat, of Connecticut, has introduced a joint resolution proposing an amendment to the Constitution which, he argues, would "fit current conditions as well as future uncertainties."

The Monagan bill provides, as at present, that in the event of the removal of the President from office, or of his death or resignation, the Vice President shall become President for the unexpired term. Within 30 days thereafter, the new President would be required to nominate a Vice President who would take office upon confirmation by the House and Senate. A majority of those present and voting would be required for confirmation. Similar action would be taken in the event of removal, death, or resignation of the Vice President. The bill also would establish procedure for the Vice President to succeed the President as Acting President if the President were unable to serve. Should the President declare his inability to serve in writing the succession would be automatic; in the absence of such a declaration the Vice President could assume the duties and powers of Acting President with the written approval of a majority of the heads of the executive departments in office.

Should there be a controversy, it would be resolved by a majority vote of the Congress. In the absence of a President or Vice President, the order of succession to the Presidency would be from the members of the Cabinet in this order: Secretary of State, Secretary of Treasury, Secretary of Defense, Attorney General, Postmaster General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health, Education, and Welfare.

The plan is simple; it seems to foresee every possible contingency. We like it better than any of the other plans offered to date.

The long process of amending the Constitution requires the approval of twothirds of both Houses and ratification by the legislatures of three-fourths of the States. There is no feasible shortcut.

In the more than 6 months between now and the next election, anything could happen. President Johnson is not a cautious man, and in spite of the precautions erected around him, he often exposes himself in an unsafe manner, while mingling with crowds. He drives his car at high speeds when he visits his Texas ranch. Some years ago, he suffered a serious heart attack. He works long hours and gets a minimum amount of sleep. His life, it is apparent, is full of more than normal risks.

Next November, a new Vice President will be elected, and the country will breathe more easily. But the faults of the present system of presidential succession will remain.

Congress should approve a better plan of succession during the present session, and should start it on its way toward becoming a part of the Constitution. Representative Monagan's bill should receive the attention which it deserves. He has done a real service to the country in proposing it.

[From the Hartford Times, Jan. 15, 1965]

PRESIDENTIAL SUCCESSION

Congressman John S. Monagan, of Connecticut's Fifth Congressional District, proposes an amendment to the Constitution that would guarantee the presidential succession in the President's inability to serve.

Mr. Monagan's proposal provides that the succession proceed through the Vice President to the members of the Cabinet in the order of seniority of their departments. A President could declare himself in writing to be unable to serve, or in the absence of such a declaration the Vice President could assume the duties of Acting President with the written approval of a majority of the heads of executive departments. Controversies, the resolution provides, would be resolved by a majority vote of the Congress.

It's a good idea and has the advantage of being simple. It will probably be criticized for proposing a change from the present line of succession-Vice President to Speaker of the House-which keeps the office in the hands of an elected official, not an appointed one.

But Mr. Monagan says that there have been times (the Eisenhower administration, for example, when Sam Rayburn was Speaker) when the President and the Speaker were not members of the same party. A change of party in time

of national crisis might be too upsetting for the country to endure. There's another objection to the Speaker as heir, too-the Speaker is usually an old man, for it takes many years for him to attain that office.

As for the Speaker being an elected official, there is the point that he is not elected President but only a Member of Congress. His fellow Congressmen, not his constituents, elect him Speaker.

This and other proposals to safeguard the succession should be explored thoroughly-now, while there is no hurry.

H.J. RES. 158

Joint resolution proposing an amendment to the Constitution of the United States relating to succession to the Presidency and Vice-Presidency and to cases where the President is unable to discharge the powers and duties of his office.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"SECTION 1. In case of the removal of the President from office, or of his death or resignation, the Vice President shall become President for the unexpired portion of the then current term. Within a period of thirty days thereafter, the new President shall nominate a Vice President who shall take office upon confirmation by both Houses of Congress by a majority of those present and voting. "SEC. 2. In case of the removal of the Vice President from office, or his death or resignation, the President, within a period of thirty days thereafter, shall nominate a Vice President who shall take office upon confirmation by both Houses of Congress by a majority vote of those present and voting.

"SEC. 3. If the President shall declare in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

"SEC. 4. If the President does not so declare, the Vice President, if satisfied that such inability exists, shall, upon the written approval of a majority of the heads of the executive departments in office, assume the discharge of the powers and duties of the office as Acting President.

"SEC. 5. Whenever the President makes public announcement in writing that his inability has terminated, he shall resume the discharge of the powers and duties of his office on the seventh day after making such announcement, or at such earlier time after such announcement as he and the Vice President may determine. But if the Vice President, with the written approval of a majority of the heads of executive departments in office at the time of such announcement, transmits to the Congress his written declaration that in his opinion the President's inability has not terminated, the Congress shall thereupon consider the issue. If the Congress is not then in session, it shall assemble in special session on the call of the Vice President. If the Congress determines by concurrent resolution, adopted with the approval of two-thirds of the Members present in each House, that the inability of the President has not terminated, thereupon, notwithstanding any further announcement by the President, the Vice President shall discharge such powers and duties as Acting President until the occurrence of the earliest of the following events: (1) the Acting President proclaims that the President's inability has ended, (2) the Congress determines by concurrent resolution, adopted with the approval of a majority of the Members present in each House, that the President's inability has ended, or (3) the President's term ends.

"SEC. 6. (a) (1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President, shall act as President: Secretary of State, Secretary of Treasury, Secretary of Defense, Attorney General, Postmaster General, Secretary of Interior, Secretary