COMMITTEE ON ELECTION OF PRESIDENT, VICE PRESIDENT, AND REPRESENTATIVES IN CONGRESS HOUSE OF REPRESENTATIVES SEVENTIETH CONGRESS HAYS B. WHITE, Kansas, Chairman RALPH F. LOZIER, Missouri. SAMUEL RUTHERFORD, Georgia. W. T. FITZGERALD, Ohio. JOHN N. NORTON, Nebraska. PATRICK J. CARLEY, New York. J. R. WHITE, Clerk PROVIDING FOR THE ELECTION OF PRESIDENT AND VICE PRESIDENT HOUSE OF REPRESENTATIVES, Monday, January 9, 1928. The committee this day met, Hon. Hays. B. White (chairman) presiding. The CHAIRMAN. The committee will be in order. We will hear Mr. Lea. STATEMENT OF HON. CLARENCE FREDERICK LEA, A REPRE SENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. LEA. Mr. Chairman and gentlemen of the committee: As I view the situation there are three primary problems presented to the Congress of the United States arising out of the provisions of the Constitution before you. Three situations clearly call for remedies. One of those problems is covered particularly in the Norris and White amendments to abolish the short session. The other problem is to provide for vacancies in the office of President, to fill the gap that now exists in the Constitution. It may develop some of these days, if we have no amendment to the Constitution, we will find a vacancy in the office of President and be without constitutional authority to fill it. The third problem, as I see it, is the need of abolishing the unit system of electing the President, and providing a direct election. A change in that system is demanded in order to secure political justice and provide a sane method of electing our President. It is this feature that has caused me to introduce H. J. Res. 2. I recognize that it would be impracticable, from the standpoint of procedure, to include the main provisions of my amendment in the committee resolution. There are two points covered in my resolution that are included in the committee resolution, namely, the question of vacancies and the question of abolishing the short term. So I would like to discuss the White resolution in connection with those two features, not with the idea of reporting my resolution, or anything of that kind in lieu of the White resolution, but with the purpose of suggesting possible improvements in the White resolution. At some future time I would like to come before your committee and be heard in support of my resolution for the direct election of the President and the abolition of the unit rule in his election. 82998428 electinate eveort the If you report the White resolution, which I hope you will, I will eliminate everything from my resolution except that one question of electing the President. I recognize that in a popular form of government the usual practice of legislative bodies is not to act upon new proposals until public pressure requires it. All students of government will recognize that it would be better for government if the men charged with the responsibility of shaping legislation and governmental policies would give to the public service the patient labor and devotion that are necessary to meet the problems of the Government, as problems, rather than as a mere response to popular demand. This practice frequently results in locking the barn door after the horse is stolen. This question with which you are dealing—the two questions, the abolition of the short session and filling vacancies--deal with great, practical problems of this Government. I believe this committee has an opportunity and a duty to this country. You have the power to report legislation to remedy these conditions. The problems involved are not of passing moment; they are not of trifling importance. They are fundamental problems of the Government of this Nation. If this committee can produce for Congress a practical, sane solution, it will have performed the greatest service of any committee in this Congress. OFFICIAL TERMS The Constitution did not provide when the terms of Members of Congress or the President should begin. It simply fixed the length of their terms. On September 8, 1788, the year before the Constitution went into effect, the Continental Congress declared that “the first Wednesday of March next” is to be " the time for commencing proceedings under the said Constitution." That was March 4, 1789. After Congress assembled a joint committee appointed by the two Houses declared that was the day on which the terms of the Members of Congress and the President would begin. So the fact was so established. The Constitution determined the length of the term, and it is not within the power of Congress to change the length of the term of a Member of Congress nor of the President of the United States. Congress has the power to say when Congress shall meet. The sole power that is needed, so far as the Constitution is concerned. in order to abolish the short session is to give Congress power to shorten the terms of Members of Congress and the President. If that power is given, then Congress can, at any time, abolish the short term and meet any time it pleases. So that is all that is really required. I am in favor of the abolition of the short session for two main reasons. One is: If we are faithful we are servants of the people of this country, we are their agents. The relation of principal and agent, of employer and employee, is one of interdependence and trust, one in which each profits by the service and good will of the other. In any important business connection if you select an agent to represent you, the fact that he is looking forward to benefits from that relation and that you are look |