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COMMITTEE ON THE JUDICIARY
H.R. 836; H.R. 3792; H.J. Res. 1, H.J. Res. 3, H.J. Res. 29,
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
WILLIAM M. MCCULLOCH, Ohio FRANK CHELF, Kentucky
RICHARD H. POFF, Virginia EDWIN E. WILLIS, Louisiana
WILLIAM C. CRAMER, Florida PETER W. RODINO, JR., New Jersey ARCH A. MOORE, JR., West Virginia BYRON G. ROGERS, Colorado
JOHN V. LINDSAY, New York HAROLD D. DONOHUE, Massachusetts WILLIAM T. CAHILL, New Jersey JACK B. BROOKS, Texas
CLARK MACGREGOR, Minnesota WILLIAM M. TUCK, Virginia
CHARLES MCC. MATHIAS, JR., Marylandi
EDWARD HUTCHINSON, Michigan
BESS E. Dick, Stal Director
Text of bills.
Bayh, Hon. Birch E., U.S. Senator from Indiana.
States, New York, N.Y.
dential Inability, Committee for Economic Development, 1000
Connecticut Avenue, Washington, D.C.--
States, Washington, D.C.
Musmanno, Hon. Michael A., justice, Supreme Court of Pennsylvania,
Taylor, Martin, Esq., chairman, Committee on Federal Constitution,
Association of the Bar of the City of New York, Committee on
Centre County, Pa., Bar Association (resolution)
Moorhead, Hon. William S., U.S. Representative from Pennsylvania.
Liberty Street, New York, N.Y. (reports adopted January 11,
1961; April 16, 1964).
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.
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 àpathy 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