Page:The Green Bag (1889–1914), Volume 16.pdf/748

 Rh CURRENT LEGAL ARTICLES.

"THE Succession of the Vice-Président under the Constitution" is the subject of an interesting inquiry by Lewis R. Works, of the Los Angeles, California, bar, in the American Law Review for July—August. Mr. Works says in conclusion : The questions that have been asked and suggested above may be concretely epi tomized as follows:— 1. Would not the Constitution be more consistent and harmonious if the strict grammatical construction of the sixth para graph of Section one of Article two were deserted, and that one adopted which would confer upon a surviving Vice-Président only the right to exercise the powers and duties of the Presidency and not the office itself? 2. Do not the other parts of the Consti tution render doubtful the propriety of a strict grammatical construction of the clause in Section one of Article two and force us to desert it? 3. Would the other -construction be in any sense harmful to our system of govern ment? 4. Would not the ungrammatical con struction, if it may be so termed, be more consistent with the true principles of our government than the other, on the theory that the people, the source of all govern mental power under our system, have re served to themselves the right to elect their Presidents, in the strict and direct sense? 5. When a President dies, is the office.vacant for the remainder of the term, or does the Vice-Président become President and leave the Vice-Presidency vacant for the remainder of the term, or, anomalous as it may seem, does the Vice-Président hold both offices? 6. When a President becomes temporar ily unable to perform the duties of his of fice, and the Vice-Président is called upon to act, does he become President? 7. If he does become President, what does the late President become, and how

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does he come back to his own after the re moval of disability? 8. If the Vice-President does become President in such a case, does he cease to be Vice-Président temporarily, and, if he does, how does he get back to the VicePresidency when the President's disability is removed, or does he get back at all? 9. If he does not become President in such a case, how does he become President when the latter dies, as he comes into power under the same provision in each instance? Jo. Has the United States had twentyfive Presidents or only, twenty? ii. Is Theodore Roosevelt President or only Vice-Président performing executive duty? As its title indicates, this paper is merely an interrogation, but. as a reading of it shows, an interrogation with many depend ent branches. The writer has not found that it has ever been answered. Madison's journal of the Constitutional Convention is searched in vain for light upon it, as are also the Federalist and Story's Commentar ies on the Constitution. So far as can be ascertained, the only time that the question has been even approached was when John Tyler, the first Vice-President called to ex ecutive duty, came to take the oath of office. It was taken before Chief Judge Cranch. of the Circuit Court of the District of Columbia, and the following statement is part of the Judge's certificate: "The above named John Tyler personally appeared be fore me this day. and, although he deems himself qualified to perform the duties and exercise the powers and office of President on the death of William Henry Harrison, late President of the United States, without any other oath than that which he has taken as Vice-Président, yet as doubts may arise, and for greater caution, took and sub scribed the foregoing oath before me." No doubts have ever arisen, and the other Vice-Présidents who have succeeded to the Presidential office have taken the oath as a matter of course. To end with yet one more question, was it necessary or was it even proper for them to have taken it?