PROPOSED AMENDMENT TO THE CONSTITUTION OF THE HEARINGS BEFORE THE " COMMITTEE ON ELECTION OF PRESIDENT 1924 VICE PRESIDENT, AND REPRESENTATIVES IN CONGRESS OF THE HOUSE OF REPRESENTATIVES TERMS OF PRESIDENT, VICE PRESIDENT, AND MEMBERS OF CONGRESS, ETC. COMMITTEE ON ELECTION OF PRESIDENT, VICE PRESIDENT, AND REPRESENTATIVES IN CONGRESS, HOUSE OF REPRESENTATIVES, Thursday, January 10, 1924. The committee met at 10 o'clock a. m., Hon. Hays B. White (chairman) presiding. STATEMENT OF HON. RALPH F. LOZIER, A MEMBER OF CONGRESS FROM MISSOURI. Mr. LOZIER. Mr. Chairman and gentlemen, I favor H. J. Res. No. 93. I believe this resolution should be reported favorably and without delay, so it may find a place on the calendar and an early vote of the House obtained. Article I, section 4, of the Federal Constitution provides: The Congress shall assemble at least once each year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Under existing law, a new Congress comes into existence on March 4 following the biennial congressional election. Obviously it can not be assembled in advance of March 4 following the Congressional election without an amendment of our organic law. H. J. Res. 93 proposes to amend the Constitution so as to authorize the new Congress to assemble at an earlier date, in January following the congressional elections. Under the law as it now exists, a new Congress does not assemble until 13 months after it is elected, unless the President should call Congress in extraordinary session. Therefore the new Congress can not function until nearly one-half of the term of its members has expired, and necessarily the legislative program of the new Congress is held in abeyance. This is in fact a denial to the electors of their rights to express their approval or disapproval of existing laws or proposed legislation, and is an intolerable postponement of the people's right to initiate new legislation to remedy existing evils. That is to say, after the people have in a nation-wide referendum approved or disapproved legislative or administrative policies, their voice is stifled and their hands tied for 13 months, unless forsooth the Chief Executive in his opinion concludes to convene Congress in special session. Thus the will of millions of voters may be set aside and held for naught for 13 months and the will of one man (the President) neutralizes the will and wishes of a majority of the American people. Under the present system, direct action by the electors is practically impossible because they are compelled to wait 13 months before their representatives have any opportunity to formulate a 1 legislative program, or to put into effect the principles and policies approved by the American people at a general election. I grant you that, under existing law, the President may, if he so desires, call Congress in extraordinary session immediately following the time the new Congress comes into existence, and very frequently the Presidents have exercised that prerogative, and as a result in numerous instances the electors have obtained speedy relief. But the calling of these special sessions now rests, with the Chief Executive of the Nation. If the American electors in a nation-wide congressional election forcibly express their disapproval of existing laws and demand legislative relief therefrom, if the President thinks the people are wrong and still believes in the wisdom of these policies which electors have repudiated, by inaction and failure to convene Congress in special session, he can thwart the public will and perpetuate those policies which have been so recently and so overwhelmingly condemned in a nation-wide referendum. It seems to me that this condition is intolerable and inconsistent with the genius and spirit of our institutions. It is, in effect, a denial to the people of the right of self-government in that they are not permitted to enact new legislation which they believe will promote the public good, and are compelled to live under laws enacted by Representatives and Senators who have been relegated to private life, frequently because in the opinion of the people these public servants have failed to reflect the will of their constituents or to promote the public good. It will not do to argue that the people can not be trusted to legislate for themselves; it will not do to say that the will of one man should stand between the people and the enactment of their legislative program, even though that man be President of the United States and of unimpeachable character and unquestionable patriotism. There never will be a time in the life of our Republic when all the people will agree on a legislative or administrative program, and Representatives and Senators who have been repudiated at the polls, or at least have been subjected to a vote of "no confidence, as the situation is sometimes described, should not be continued in office four months longer with the power and opportunity to enact additional legislation akin to that disapproved by the people. I concede that the Constitution should be amended so as to permit the new Congress to assemble in January following the congressional election, and until our organic law is thus amended the best that Congress can do is to fix the date on which the new Congress assembles, early in March or immediately following the time the new Congress comes into existence. This will afford some relief and will be a step in the right direction, and will serve a useful purpose until a constitutional amendment can be submitted and ratified, under which Congress may assemble at an earlier date and immediately following the election of new Senators and Representatives. H. R. 3671, introduced by me December 14, 1923, is intended to afford temporary relief until a constitutional amendment can be submitted and ratified which will afford complete relief. I shall urge that H. R. 3671 be considered and reported favorably, but in the meantime I earnestly urge that H. J. Res. 93 be reported favorably without delay. The CHAIRMAN. Mr. Ramseyer, we will hear you now. |