[Congressional Record Volume 150, Number 45 (Friday, April 2, 2004)]
[Extensions of Remarks]
[Page E530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          CONSTITUTIONAL AMENDMENT ON CONGRESSIONAL SUCCESSION

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                         HON. DANA ROHRABACHER

                             of california

                    in the house of representatives

                         Friday, April 2, 2004

  Mr. ROHRABACHER. Mr. Speaker, I have just introduced a constitutional 
amendment on congressional succession. Much has been said over the last 
couple years about the need to make sure we have a functioning Congress 
that is perceived as legitimate in the case of a national disaster that 
kills or incapacitates a large proportion of Members of Congress. So 
far, none of the proposals that have been introduced have been able to 
appeal to a broad, bipartisan cross-section of Congress. I believe the 
constitutional amendment I have introduced today addresses the major 
criticisms that have been leveled against the ``continuity of 
Congress'' constitutional amendments that have been introduced so far.
  Under my proposal, each general election candidate for the House or 
Senate would be authorized to publicly appoint, in ranked order, 3 to 5 
potential temporary successors. The legitimacy of a successor 
designated in this way temporarily succeeding a deceased or 
incapacitated Representative or Senator is similar to that of a Vice 
President succeeding a deceased or incapacitated President--not 
separately elected, but chosen by the principal and known well in 
advance of the election.
  The problem faced by other proposals of how to determine when 
sufficient members have died or been incapacitated to trigger emergency 
procedures is avoided in my proposal because no such determination is 
necessary. If a congressional continuity solution is good enough to use 
when 110 Representatives are killed or disabled, it should be good 
enough to use when 50 or 20 or even one Representative dies or becomes 
unable to discharge his or her duties. Continuity of Congress is 
certainly important, but so is continuity of representation. Death or 
incapacity of Representatives and Senators (as in the case of the late 
Senator Paul Wellstone) should not change the control of either House 
of Congress or the outcome of votes. Also, the legitimacy of a 
congressional succession plan is more likely to be accepted in a 
national emergency if it has previously worked in smaller tragedies.
  To further legitimize temporary successors, my proposal would repeal 
the current power state governors have to appointment temporary 
Senators. Since the adoption of the 17th Amendment, the American people 
have expected that the members of both Houses of Congress should be 
democratically elected. When a more democratic solution is available, 
we don't need to perpetuate the practice of a governor of another party 
being able to change the composition and control of the Senate just 
because a Senator tragically dies or is incapacitated.
  My proposal would allow governors to appoint temporary Senators and 
Representatives only if the elected Senator or Representative has not 
submitted a list of successors or if none of the listed successors is 
able to serve. This backup appointment authority provides an incentive 
for Senators and Representatives (and potential Senators and 
Representatives) to make sure their ``political will'' is in order, 
since otherwise their governor could appoint someone they may not like. 
The backup authority of course also provides a further assurance of 
congressional continuity.
  Mr. Speaker, I believe that my congressional succession 
constitutional amendment would solve the continuity of Congress problem 
in a way that would appeal to both sides of the aisle. I ask my 
colleagues for their support.

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