History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
Fortunately, the peculiar construction of the Senate was found to
require a presiding officer who should not be a member of the body
itself. As each State was to be represented by two delegates, and as
it would be important not to withdraw either of them from active
participation in the business of the chamber, a presiding officer was
needed who would represent neither of the States. By placing the
Vice-President of the United States in this position, he would have a
place of dignity and importance, would be at all times conversant with
the public interests, and might pass to the chief magistracy, on the
occurrence of a vacancy, attended with the public confidence and
respect. This arrangement was devised by the grand committee, and was
adopted with general consent. It contemplated, also, that the
Vice-President, as President of the Senate, should have no vote,
unless upon questions on which the Senate should be equally divided;
and on account of his relation to this branch of the legislature, the
ultimate election of the Vice-President, when the electors had failed
to appoint him under the rule prescribed, was retained in the hands of
the Senate.
The rule that was to determine when the Vice-President was to succeed
to the functions of the chief magistrate, was also embraced in the
plan of the grand committee. It was apparent that a vacancy in the
principal office might occur by death, by resignation, by the effect
of inability to discharge its powers and duties, and by the
consequences of an impeachment. When either of these events should
occur, it was provided that the office should devolve on the
Vice-President. In the case of death or resignation of the President,
no uncertainty can arise. In a case of impeachment, a judgment of
conviction operates as a removal from office. But the grand committee
did not provide, and the Constitution does not contain any provision
or direction, for ascertaining the case of an inability to discharge
the powers and duties of the office. When such an inability is
supposed to have occurred, and is not made known by the President
himself, how is it to be ascertained? Is there any department of the
government that can, with or without a provision of law, proceed to
inquire into the capacity of the President, and to pronounce him
unable to discharge his powers and duties? What is meant by the
Constitution as _inability_ is a case which does not fall within the
power of impeachment, for that is confined to treason, bribery, and
other high crimes and misdemeanors. It is the case of a simple
incapacity, arising from insanity, or ill health, or, as might
possibly occur, from restraint of the person of the President by a
public enemy. But in the former case, how shadowy are the lines which
often separate the sound mind or body from the unsound! Society has
had one memorable example, in modern times and in constitutional
monarchy, of the delicacy and difficulty of such an inquiry;--an
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account