Friday, September 27, 2002
News coverage: Cox Wants New Presidential Succession Law
In May 2002, the House formed a bipartisan Working Group, co-Chaired by Rep. Christopher Cox, Chairman of the House Republican Policy Committee, and Rep. Martin Frost, Chairman of the House Democratic Caucus, to address the issue of continuity of Congress.
On September 26, 2002, Chairman Cox, with the other members of the Working Group, introduced House Resolution 559 which urges states to review their special elections laws to ensure that, in the event of a catastrophe, vacancies in the House of Representatives may be filled in a timely manner. The Resolution passed on October 2, 2002 by a vote of 414-0. Read the Press Release on the introduction of the legislation for further information on the bill.
The Congressional Research Service has issued a report on the potential consequences of a major catastrophe resulting in the death or incapacitation of a large number of Representatives. Watch an interview with the American Enterprise Institute's Norm Ornstein or visit the American Enterprise Institute's website for further background on the issue.
Consequences of Catastrophe
House Can’t Assemble: A quorum is a majority of Members “chosen, sworn, and living.” If half the Members were incapacitated, House operations would freeze until a sufficient number of Members to establish a quorum could be physically moved to the Hall of the House.
Challenges to Government Legitimacy: If a large number of Members were killed, filling their vacancies as required by the Constitution could take six weeks to six months. In the meantime, a smaller number of Members acting as the whole House could pass legislation, vote to override vetos, and even, by electing a new Speaker, select the President (in the case of Presidential and Vice Presidential vacancies) — raising troubling questions not only about the legitimacy of the House, but of the entire government.
Loss of Checks and Balances: If the House cannot establish a quorum to conduct business, there would be no Congressional check on Executive action. A severely diminished House would have little or no ability to conduct Executive oversight.
Inability to Consider Emergency Appropriations, Taxes, and Borrowing: The Constitution requires the House to authorize all taxes, spending, and debt because the House is the single institution closest to the people. Without a quorum, Americans would lose this most critical Constitutional protection.
Shifting Party Control: A catastrophe could shift party control, changing Committee Chairmanships and prompting the election of a new Speaker—potentially the next President. As various states sent replacement delegations, control could shift back and forth, causing considerable disruption to the legislative process at a critical time for the nation.
Alternatives
Constitutional Amendment: Change Constitutional requirement of direct election? Issues: Who should select replacements? Before or after a catastrophe? How many deaths to trigger operation? Address incapacity?
Legislation: Change the procedure and order of presidential succession to address the legitimacy of a small House selecting the President? Implement a Constitutional amendment giving Congress the authority to legislate contingency plans? Expedite state elections?
Rules Changes: Provide for succession for the Speaker and the Clerk (Clerk is only officer with authority to call the House to order when there is not a Speaker)? Define incapacity for purposes of a quorum?
No Action: Maintain current Constitutional and statutory procedures.
