Cabinet Officers

A Businessman Knows How To Run A Government Successfully? The Case Of Herbert Hoover As A Rejoinder To Donald Trump!

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Donald Trump loves to say that his business experience qualifies him to be President. But his business experience has mostly been failures and bankruptcies, and he inherited money from his father, which gave him an unfair advantage, compared to 99 percent of Americans, and he set out to take advantage of every legal trick and method of manipulation to enrich himself at the expense of others, including often not paying his bills.

We have had only one businessman, Herbert Hoover, as President, and he became a total disaster after he was elected in 1928. But he was not born to wealth, was orphaned before age 10,and accomplished his great business career with his own efforts and intellect, and became a multimillionaire in the mining industry by age 40, and then devoted himself to public service.

But the difference between Trump and Hoover is that Hoover served many years in government, working for Democrat Woodrow Wilson, and Republicans Warren G. Harding and Herbert Hoover, before he ran for President.

He had never been elected to anything, but he had been an extremely successful and outstanding figure in the First World War effort, and served eight significant years as Secretary of Commerce. Hoover stands out as one of the small group of really exceptional cabinet officers, which usually includes other agencies, such as the State Department, the Treasury Department, the Justice Department, and the Defense Department as the major areas where notable cabinet members serve a President.

Unfortunately, he had no ability to overcome the Great Depression that began in October 1929, as he was tied to a laissez faire political philosophy, and did not know how to gain backing in Congress. He was also a poor communicator, who was unable to inspire the American people with his public speeches and radio addresses. Hoover’s personality was very introverted, and he did not inspire confidence. So his business background failed him when it mattered, as President of the United States.

One can be sure that if Hoover was alive today, he would be shocked and stunned at a con artist, Donald Trump, who has had four bankruptcies, and has no understanding of government or world affairs, would have the gall to think he was qualified to lead America in the 21st century.

Can Bill Clinton Hold Government Position Under Hillary Clinton? NO, As Of 1964 Nepotism Law

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The Hillary Clinton Presidential campaign is spreading information that former President Bill Clinton may be utilized by his wife in a government position if she wins the White House.

However, under the 1964 Nepotism Law, passed after Robert Kennedy left the government to run for the US Senate, it is illegal for a relative of any President to be in a public, paid position in the government. It is seen as a conflict of interest, so for instance, Jeb Bush, after leaving the Governorship of Florida in 2007, was not eligible to serve in the administration of his brother, George W. Bush.

RFK was Attorney General under his brother, President John F. Kennedy, but the Congress decided after the Kennedy Administration’s end, that such a situation should not happen again. Also, JFK’s brother in law, R. Sargent Shriver, served as head of the Peace Corps.

So Bill Clinton could be an unpaid advisor, but cannot go on the government payroll, even assuming he would agree to donate any government paycheck to charity, as RFK did under his brother.

It is clearly assumed that Bill Clinton would have an important background role, but again, it cannot be as a cabinet officer or an official part of the White House staff, unless Congress agrees to change the law, but that is highly unlikely in the present political climate, with a Republican Congress, and the likelihood that at least the House of Representatives will remain Republican after this year’s Presidential and Congressional elections!

Speakers Of The House Of Representatives Who Sought The Presidency, And Now Paul Ryan?

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The Speaker of the House of Representatives is second in line for the Presidency after the Vice President under the Presidential Succession Act of 1947, the third such law.

The first such law, from 1792-1886, put the Speaker third in line for the Presidency, with the Vice President and the President Pro Tempore of the US Senate ahead of him, later reversed in 1947.

The second law, from 1886-1947, did not include the Speaker in the line of succession, but rather the Cabinet officers after the Vice President.

In our history, only one Speaker of the House became President, James K. Polk of Tennessee, from 1845-1849, and he proved to be one of the more significant Presidents, adding more real estate to America than anyone other than Thomas Jefferson.  This was accomplished by treaty with Great Britain over the Pacific Northwest in 1846, and by war with Mexico from 1846-1848, which added the Southwestern United States to the Union.

But seven other Speakers sought the Presidency, including the following:

Henry Clay of Kentucky sought the Presidency in 1824, 1832, and 1844, and is regarded as the greatest single legislator in the history of both houses of Congress.  In 1844, we had the only Presidential election where the two opponents had both been Speaker of the House, Clay and Polk!  Clay lost his three elections to John Quincy Adams, Andrew Jackson, and Polk.

John Bell of Tennessee was the Constitutional Union Party nominee for President in 1860 on the eve of the Civil War, and lost to Abraham Lincoln.

James G. Blaine of Maine was the Republican nominee for President in 1884 and lost the election to Grover Cleveland, and was also Secretary of State under three Presidents–James A. Garfield, Chester Alan Arthur, and a full term under Benjamin Harrison.

Thomas Reed of Maine lost the nomination of the Republican Party in 1896 to future President William McKinley.

Champ Clark of Missouri lost the nomination of the Democratic Party in 1912 to future President Woodrow Wilson.

John Nance Garner of Texas, after being Vice President under Franklin D. Roosevelt for two terms from 1933-1941, lost the nomination of the Democratic Party to his boss, President Franklin D. Roosevelt in 1940

Newt Gingrich of Georgia lost the Republican nomination for President to eventual nominee Mitt Romney in 2012.

So four Speakers were nominated for President, with only Polk winning; and four other Speakers lost the nomination when they sought the Presidency.

Now we may have a ninth such Speaker seeking the Presidency, Republican Speaker Paul Ryan of Wisconsin, whose name is being promoted, despite Ryan’s denial of any interest in running for President.

Politicians Who Served On The Supreme Court In The Past Hundred Years

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The Supreme Court has, in recent decades, become a group of lower court judges who move up to the Supreme Court.

The thought that politicians, who were elected to public office or appointed to a President’s cabinet, would end up on the Supreme Court, is no longer a likelihood, which is, in many ways, tragic, as being a politician gives a different perspective on law than those appointed to lower courts and moving up to the Supreme Court.

Among those few politicians elected or appointed to public office who served on the Supreme Court in the past century of time are:

Charles Evans Hughes–Governor Of New York 1907-1910, Republican Presidential nominee in 1916, Secretary of State 1921-1925, along with serving as Associate Justice 1910-1916 and Chief Justice 1930-1941, appointed by William Howard Taft and Herbert Hoover.

William Howard Taft—Secretary of War 1904-1908, President of the United States 1909-1913, along with serving as Chief Justice of the Supreme Court 1921-1930, appointed by Warren G. Harding.

George Sutherland—Utah Congressman 1901-1903, Senator from Utah 1905-1917, along with serving as Associate Justice of the Supreme Court 1922-1938, appointed by Warren G. Harding.

Hugo Black–Senator from Alabama 1927-1937, along with serving as Associate Justice of the Supreme Court 1937-1971, appointed by Franklin D. Roosevelt.

Frank Murphy–Mayor of Detroit 1930-1933, Governor of Michigan 1937-1939, Attorney General of the United States, 1939-1940, along with serving as Associate Justice of the Supreme Court 1940-1949, appointed by Franklin D. Roosevelt.

Harold Burton— Mayor of Cleveland Ohio 1936-1940, Governor Of Ohio 1941-1945, along with serving as Associate Justice of the Supreme Court 1945-1958, appointed by Harry Truman.

Sherman Minton—Senator from Indiana 1935-1941, along with serving as Associate Justice of the Supreme Court 1949-1956, appointed by Harry Truman.

Earl Warren—Attorney General of California, 1939-1943, Governor of California 1943-1953, along with serving as Chief Justice of the Supreme Court 1953-1969, appointed by Dwight D. Eisenhower.

These eight Supreme Court Justices include four Governors, three US Senators, three Cabinet members, two Presidential candidates, one Congressman, two Mayors, and one State Attorney General.

Two prominent politicians came under consideration for the Supreme Court under President Bill Clinton, but both turned down an appointment—New York Governor Mario Cuomo and Maine Senator and Majority Leader George Mitchell.  Both would have been valuable additions to the Court, but instead two people with judicial experience—Ruth Bader Ginsburg and Stephen Breyer—were chosen, although they have worked out very well in their time on the Court.

 

 

Three Speakers Of The House Who Were “A Heartbeat Away” From The Presidency!

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The Presidential Succession Act was changed in 1947 from what it had been in the earlier law of 1886.

Instead of the cabinet officers being next in line after the Vice President, the new law, in effect now for 68 years, has the Speaker of the House of Representatives, a Congressman elected by one Congressional district, as next in line.

So therefore, three Speakers of the House have been “a heartbeat away” from the Presidency, in mid 1947-1948, November 1963 to January 1965, and October to December 1973 and August to December 1974.

Joseph W.  Martin Jr. was the first Republican Speaker in 16 years, when the law changed, and when threats against Harry Truman by the Zionist Stern Gang in 1947, as reported by Margaret Truman, occurred, and Martin was a heartbeat away.

When President John F. Kennedy was assassinated on November 22, 1963, and Lyndon B. Johnson, who had suffered a heart attack in 1955 became President, 73 year John W. McCormack was next in line for 14 months, and the recognition of this fact and his advanced age, led to the passage and ratification of the 25th Amendment in 1967, providing for an appointed Vice President to fill a vacancy after hearings by the House of Representatives and Senate.

Carl Albert was the third Speaker to be next in line when Vice President Spiro Agnew resigned in October 1973, and Albert remained so for two months until Gerald Ford was selected and confirmed as the the first Vice President under the 25th Amendment.

Again, Albert was first in line from August 1974, when Richard Nixon resigned and Gerald Ford became President, until December 1974 when Nelson Rockefeller was selected and confirmed as the second Vice President under the 25th Amendment.

So for a total of about two years, we have had Speakers of the House, and all three of the opposition party to boot, as “a heartbeat away” from the Presidency.

And although no President or Vice President has left office since 1974, the odds of such an event occurring at some point in the future is mounting, and worrisome, with three out of four years since 1947 having the opposition party in the Speakership as two heartbeats away from the Presidency!

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

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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!

The Dire Need For A Change In The Presidential Succession Act Of 1947

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In 1947, the new Republican controlled 80th Congress, the first Congress to have both houses being Republican controlled since 1928, acted in revenge against the memory of Democratic President Franklin D. Roosevelt by changing the Presidential Succession Act of 1886.

That law in 1886 made the succession to the Presidency to be the cabinet officers after the Vice President, including in order, the Secretary of State, Secretary of the Treasury, Secretary of War, Attorney General, Postmaster General, Secretary of the Navy, and the Secretary of the Interior. The original law in 1792 made the President Pro Tempore of the Senate and the Speaker of the House next in line before the cabinet members, and after the Vice President.

This was changed to the present situation in 1947, that the Speaker of the House of Representatives, and then the President Pro Tempore of the Senate would succeed after the Vice President and before the cabinet officers.

This has  led to people in the line of succession who, much of the time, have been the opposition party to the President, as in 1947-1949 under President Harry Truman; 1955-1961 under President Dwight D. Eisenhower; 1969-1974 under President Richard Nixon; 1974-1977 under President Gerald Ford; 1981-1987 in the House under President Ronald Reagan; 1987-1989 under President Ronald Reagan; 1989-1993 under President George H. W. Bush; 1995-2001 under President Bill Clinton; 2001-2003 in the Senate under President George W. Bush; 2007-2009 under President George W. Bush; and 2011-2017 under President Barack Obama.

This is not proper, to have the opposition party have the potential to take over the Presidency through having a Speaker of the House and/or a President Pro Tempore of the Senate of their party, rather than having the continuity of the administration though the cabinet members chosen by the President.

So 44 years between 1947 and 2017, out of a total number of 70 years, or just about two thirds of the time, the opposition party has been two heartbeats away from the Presidency, undermining continuity of government.

Also, just because someone is Speaker of the House (elected by one Congressional district) or President Pro Tempore of the Senate ( an often very old person in that position, elected from one state, who has longevity of service) does not make such a person qualified to be President, as much as a Secretary of State, Treasury, etc does!

So while it is unlikely to happen anytime soon, there really is a need to change the Presidential Succession Act back to the one passed and in effect from 1886-1947!

A Proposal To Change Presidential Succession Law Back To Before 1947 Revision

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It is clear, to anyone who really analyzes the situation, that the Presidential Succession Law of 1947 needs to be rolled back to what it was between 1886-1947.

The earlier succession law provided that the President’s cabinet members, starting with the Secretary of State, would follow the Vice President in the line of Presidential succession.

The 1947 law changed that to the Speaker of the House of Representatives and the President Pro Tempore of the Senate as ahead of the cabinet members.

That has been a mistake, as it has caused those two office holders often to be from the opposition party, as under Harry Truman 1947-1949; Dwight D. Eisenhower 1955-1961; Richard Nixon 1969-1974; Gerald Ford 1974-1977; Ronald Reagan 1987-1989 and also for the Speaker from 1981-1987; George H. W. Bush 1989-1993; Bill Clinton 1995-2001; George W.Bush 2001-2003 for the President Pro Tempore, and 2007-2009; and Barack Obama 2011-2017.

That is 38 years out of 70, and also six years for the Speaker and two years for the President Pro Tempore in addition, for a grand total of 46 of 70 years, two thirds of the time.

This has helped to promote stalemate and gridlock much too often, and has led to lack of continuity fear if a President had left office.

Luckily, that only happened twice in the first 27 years, and now it is 41 years since the last President left office early, a trend that is defying American history for turnover of the Presidency during a term, which happened seven times between 1841 and 1945!

The Secretaries of State have often been major figures, and since foreign policy is so crucial now, more than ever, the need for a Secretary of State to be second in line to be President, and a Secretary of the Treasury to be third in line, outweighs the idea of an often mediocre Congressman and a overly aged US Senator being next in line instead! And the importance of party loyalty and support of the President in office also is a major factor.