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
Thus it appears, from an examination of the original Constitution and
the amendment, that the most ample provision is made for filling the
executive office, in all contingencies but one. If the electors fail
to choose according to the rule prescribed for them, the election
devolves on the House of Representatives. If that body does not choose
a President before the fourth day of March next ensuing, the office
devolves on the Vice-President elect, whether he has been chosen by
the electors or by the Senate. But if the House of Representatives
fail to choose a President, and the Senate make no choice of a
Vice-President, or the Vice-President elect dies before the next
fourth day of March, the Constitution makes no express provision for
filling the office, nor is it easy to discover in it how such a
vacancy is to be met. The Constitution, it is true, confers upon
Congress authority to provide by law for the case of removal, death,
resignation, or inability of _both_ the President and Vice-President,
and to declare what officer shall then act as President; and it
provides that the officer so designated by a law of Congress shall act
accordingly, until the disability be removed, or a President shall be
elected. But there is every reason to believe that this provision
embraces the case of a vacancy in both offices occasioned by removal,
death, resignation, or inability, not of the President and
Vice-President elect, but of the President and Vice-President in
office. It may be doubted whether the framers of the original
Constitution intended to provide for a vacancy in both offices
occasioned by the failure of the House of Representatives to elect a
President and the death of the Vice-President elect, or a non-election
of a Vice-President by the Senate, before the fourth day of March.
Their plan was in the first instance studiously framed for the purpose
of impressing on the electors the duty of concentrating their votes;
and although they saw and provided for the evident necessity of an
election of a President by the House of Representatives, when the
electoral votes had not produced a choice, they omitted all express
provision for a failure of the House to choose a President, apparently
for the purpose of making the States in that body feel the importance
of the secondary election, and the duty of uniting their votes. This
omission was supplied by the amendment, which authorizes the
Vice-President elect to act as President, when the House of
Representatives have failed to choose a President, "as in the case of
the death or other constitutional disability of the President." This
adoption, for the case of a non-election by the House, of the mode of
succession previously established by the Constitution, shows that the
authority which the Constitution gave to Congress to declare by law
what officer shall act as President, in case of a vacancy in both
offices, was confined to the removal, death, resignation, or inability
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