April 13, 1965 (2)

Mr. CELLER. Mr. Speaker, I ask unanimous consent to insert in the RECORD certain documents from the Association of American Law Schools, the Pennsylvania Bar Association, the Chamber of Commerce of the United States, the Law School of Harvard Univerity, and the U.S. Junior Chamber of Commerce.

The SPEAKER. Is there objection to the request of the gentleman from New York?

There _ was no objection.

The ' documents are as follows:

ASSOCIATION OF AMERICAN LAW SCHOOLS,

April 8, 1965.

Hon. EMANUEL CELLER,

House of Representatives, Washington, D.C.

DEAR MR. CELLER: I am writing in connection with the proposed constitutional amendment pertaining to presidential inability and the filling of the office of the Vice President, which ls at present pending before the House of Representatives.

At a meeting of the executive committee of the Association of American Law Schools last February, that committee, which is charged with the conduct of the affairs of the association, voted to lend its support to the sponsorship by the American Bar Association of the consensus of the conference on presidential inability and succession that had met in Washington on January 20 and 21, 1964. The consensus of that conference was in support of the amendment that is now pending before the House.

It will be appreciated if this expression of support for the proposed amendment could be appropriately brought to the attention of the Members of the House of Representatives.

Sincerely,

MICHAEL H. CARDOZO.

PENNSYLVANIA BAR AsSOCIATION,

April 9, 1965.

Hon. EMANUEL CELLER,

Congress of the United States, Washington, D.C.

DEAR CONGRESSMAN CELLER: It is my understanding that House Joint Resolution 1, the proposed constitutional amendment pertaining to Presidential inability and filling the office of Vice President will be considered by the House of Representatives within a. few days. This amendment would provide urgently needed procedures 1io assure uninterrupted continuity in the Executive leadership of our country.

House Joint Resolution 1 has received the most thorough attention by many of the outstanding constitutional lawyers and legal scholars in the country. It is the result of long study and debate by recognized students of the Presidency.

For many years, action to solve the problem of Presidential inability has been frustrated because of disagreement over how to best meet the need. House Joint Resolution 1 is the product of a national consensus which has developed over the past several months.

The Pennsylvania Bar Association has year . taken a leading role in seeking , at long last , a sound solution to this serious constitutional void . We enthusiastically support the principles of House Joint Resolution 1. We are joined in this by a majority of State bar associations.

We hope that you will actively support House Joint Resolution 1.

Sincerely,

WILLIAM W. LITKE.

CHAMBER OF COMMERCE OF THE UNITED STATES ,

April 9 , 1965.

Hon. EMANUEL CELLER,

U.S. House of Representatives, Washington, D.C.

DEAR Ma. CELLER: The Chamber of Commerce of the United States supports adoption of a constitutional amendment setting . up procedures for handling cases of presidential inability and for keeping the office of the Vice President filled.

This view was submitted to members of the House and Senate Judiciary Committees in a letter dated March l, 1965. , A copy of the letter is attached.

The bill (H. J. Res. 1) as reported by the House Judiciary Committee is ali improvement over the original version, in particular the language now incorporated in section 4 of the reported bill.

It is important to have procedures delineated precisely and that settlement of questions arising from presidential inability be resolved in the shortest practicable time interval to prevent an extended period of uncertainty. This also would enhance prospects of ratification by the States.

We recognize that no such amendment to the Constitution will cover all contingencies, but adoption of the present proposal would be a marked improvement over the existing situation which is so fraught with danger to the welfare of the Nation.

We urge favorable action by the House of Representatives on the proposed constitutional amendment .

Sincerely yours,

THERON J . RICE.

CHAMBER OF COMMERCE OF THE UNITED STATES,

March 1, 1965.

Hon. EMANUEL CELLER,

Chairman, House Judiciary Committee, U.S. House of Representatives, Washington, D.C .

DEAR MR. CELLER: The Chamber of Commerce of the United States supports adoption of a constitutional amendment setting up procedures for handling cases of Presidential inability and tor keeping the office of Vice President filled.

The national chamber approves the method embodied in Senate Joint Resolution 1 and House Joint Resolution 1 and believes that any proposed constitutional amendment dealing with the above matters should clearly specify, as the aforementioned bills do, the precise method by which cases of Presidential inability should be handled.

One improvement should be made in section 5 of the measure passed by the Senate. Instead of allowing 7 days for the transmittal of a communication from the Vice and President and the Cabinet to the Congress disputing a Presidential declaration that no disability exists, a shorter length of time would appear preferable in order to minimize the period of uncertainty.

The interval of time should be kept to an absolute minimum to permit the speedy clarification, if challenged, of a President's assertion that his disability has terminated. We urge prompt action by the House Judiciary Committee so that adoption of a constitutional amendment on Presidential inability and Vice-Presidential vacancy may be ratified by the States in . this calendar

Sincerely yours,

THERON J. RICE.

U . S. CHAMBER OF COMMERCE,

Tulsa , Okla. , April 8, 1965.

Hon. EMANUEL CELLER,

House of RepresentatiVes, Washington, D . C.

MY DEAR MR. CELLER: The board of directors of the U.S. Jaycees feel quite strongly that the subject of presidential disability and vice-presidential vacancy is a critical national issue .

The enclosed resolution was overwhelmingly endorsed by our board. The Jaycees of America urge you to take positive action on the current pending legislation in this regard.

Very truly yours,

STAN LADLEY ,

President.

LAW SCHOOL OF HARVARD UNIVERSITY ,

. Cambridge , Mass. , Apr i l 9, 1965.

Hon. EMANUEL CELLER,

House of Representatives , Wash i ngton, D.C.

DEAR CONGRESSMAN CELLER: May I express my support of House Joint Resolution 1, the proposed constitutional amendment pertaining to presidential inability and vice-presidential vacancy.

Having served as a member of the American Bar Association group which arrived at a consensus on the principles to be followed, I can testify to the full and careful thought that has gone into the measure.

In view of questions that have been raised , two points of clarification may be useful. The first is that the amendment does not in any way alter the present law of succession. Instead it reduces the likelihood that the law may come into operation, by providing for filling a vacancy in the office of Vice President.

Secondly, the amendment does not impose a rigid method for the determination of presidential inability. Instead it provides a specific method, centering on the Vice President and a majority of the Cabinet , but authorizes Congress at any time to substitute another body for this purpose. Thus the amendment combines concreteneEs with flexibility, assuring that a method will be in force as soon as the amendment is ratified but not depriving Congress of authority to make alterations in the light of further experience and consideration.

I hope that you will find it possible to lend your support to House Joint Resolution 1.

With all good wishes .

Sincerely yours,

PAUL A. FREUND .

RESOLUTION BY U.S . JUNIOR CHAMBER OF COMMERCE

Whereas the subject of presidential disability and vice-presidential vacancy is national in character, timely in importance to all Americans, including young men between the ages of 21 and 35 years inclusive, and general in application to the welfare of the people of the United States and to the members of the U.S. Junior Chamber of Commerce;

Whereas the Constitution and laws of the United States do not clearly define procedures to be followed in the event of the inability of the President of the United States; and

Whereas the Constitution of the United States does not provide a means for filling the office of the Vice President when a vacancy occurs; and

Whereas these problems pose the greatest potential danger to our na,tional welfare and effective government; and

Whereas these problems can only be resolved with certainty by means of an amendment to the Constitution of the United States: Therefore be it

Resolved, That the U . S. Junior Chamber of Commerce recommends that the Constitution of the United States be amended in accordance with the following principles:

1. In the event of the inability of the President, the powers, and duties, but not the office, shall devolve upon the Vice President or person next in line of succession for the duration of the inability of the President or until expiration of his term of office;

2. The inability of the President may be established by declaration in writing of the President. In the event that the President does not make known his inability, it may be established by action of the Vice President or person next in line of succession with the concurrence of a majority of the Cabinet or by action of such other body as the Congress may by law provide;

3 . The ability of the President to resume the powers and duties of his office shall be established by his declaration in writing. In the event that the Vice President and a majority of the Cabinet or such other body as Congress may by law provide shall not concur in the declaration of the President, the continuing disability of the President may then be determined by the vote of twothirds of the elected Members of each House of the Congress;

4. In the event of the death, resignation or removal of the President, the Vice President or the person next in line of succession shall succeed to the office for the unexpired term; and

5. When a vacancy occurs in the office of the Vice President, the President shall nominate a person who, upon approval by a majority of the elected Members of Congress meeting in joint session, shall then become Vice President for the unexpired term; be it further

Resolved, That the U.S. Junior Chamber of Commerce urges the Congress of the United States to initiate an amendment to the Constitution of the United States in accordance with the foregoing provisions of this resolution.