Presidential Succession and Inability

Abstract

Last February, when President Eisenhower announced his candidacy for reelection, he again urged the Congress to clarify that section of the Constitution that provides for the exercise of presidential power when a President is disabled. In view of the President's two illnesses, presidential succession and disability were important-although not greatly discussed-issues during the campaign. A year ago, Congressman Emanuel Celler released the replies he had received to a questionnaire dealing with the problem of the President's inability to exercise the powers and discharge the duties of his office. The questionnaire sought opinion on procedures to be followed if such an emergency should arise. Replies to the questionnaire were conflicting and confusing. The suggestions offered included proposals to empower the Congress, the Supreme Court, the National Security Council or some special commission to determine when a President is disabled.' As was pointed out at the time of President Eisenhower's heart attack, twice before a President of the United States had been in ill health and his infirmity had a marked effect on national policy. The Constitution provides that the powers and duties of the Presidency shall devolve upon the Vice President in case of the President's inability to discharge them and that an officer designated by Congress shall act as President in case of removal, death, resignation, or inability of both the President and Vice President.2 The Constitution does not, however, expressly answer the three major questions that concerned Congressman Celler's subcommittee: What is the status of one who acts as President because of the inability of the President? What constitutes inability to discharge the powers and duties of the presidential office? Who is to determine when an inability exists and when it ceases? It is submitted that the Celler committee failed to get consistent answers to these three questions because the committee chose to ignore altogether the more basic problem of presidential succession. The Vice President or officer designated by Congress may be called to act as President either because of vacancy in the office of chief executive or because of the incumbent's disability. In case of death, resignation, or removal, the presidential