Day: October 11, 2015

The Constitutional Crisis We Tend To Forget: Richard Nixon, Spiro Agnew, And Gerald Ford In 1973

The tragedy of the John F. Kennedy Assassination in 1963 led to a decision that the nation needed an amendment to provide for a replacement Vice President, when there was a vacancy in that office.  We were faced with a Speaker of the House, John McCormack, who was 73, and a President Pro Tempore of the US Senate, Carl Hayden, who was 86, at a time when the new President, Lyndon B. Johnson, had had a severe heart attack eight years earlier.

This was a delicate time, and led Senator Birch Bayh of Indiana, and other legislators, to promote the 25th Amendment, which was added to the Constitution in 1967.  And that made the constitutional crisis which followed six years later a little easier to deal with.

Richard Nixon became the most lawless President in American history, as a result of the Watergate Scandal and other scandals.  But Vice President Spiro Agnew also became the most lawless Vice President in American history, and thank goodness we found out about Agnew’s lawlessness, including bribery and accepting cash gifts in the Vice President’s office, which Agnew had also done while Governor of Maryland and Baltimore County Executive.

Instead of having Speaker of the House Carl Albert of Oklahoma as next in line, with Albert unwilling to take on the responsibility, the 25th Amendment allowed the appointment and confirmation by both houses of Congress of House Minority Leader Gerald Ford.

Ford became Vice President within two months of the Agnew resignation on October 10, 1973. and when he became President, Ford appointed and gained the approval of both houses of Congress to the appointment of former New York Governor Nelson Rockefeller as his Vice President, although it took four months to get him confirmed.

The problem of most Speakers of the House is their lack of competence to be President, which is still a problem for a period of months until a new Vice President is appointed and confirmed.  And also, three out of four years since 1947, the Speaker and or the President Pro Tempore of the Senate have been from the opposition party of the President.

So this still requires what this blogger has suggested in the past week in the midst of the Speakership crisis—a return to the Presidential Succession Act of 1886, which provided for Cabinet officers to succeed the President and Vice President, rather than the present law, the Presidential Succession Act of 1947, which leaves us with the crisis we face now!