John McCormack

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!

The Destruction Of The Speakership Of The House Of Representatives Under Republican Control Since 1994

The Speaker of the House of Representatives is two heartbeats away from the Presidency, and is the top constitutional officer in the legislative branch of government.

The Speaker is chosen by the majority party in the chamber, and he has responsibilities which include introducing the President of the United States at a State of the Union address, and all other special speakers to a joint session of Congress, including foreign government leaders.  The Speaker has been second in line of succession to the Presidency since the Presidential Succession Act of 1947.

The Speakership has had its major figures historically, including those for whom House Office Buildings are named: Joseph Cannon, Nicholas Longworth, Sam Rayburn, and Thomas “Tip” O’Neill.  It also has had a President, James K. Polk, and two Vice Presidents, Schuyler Colfax and John Nance Garner, as Speakers.  It also had three Presidential nominees, John Bell, James G. Blaine and Henry Clay.

Henry Clay was the greatest single figure in the whole history of Congress, who ran for President three times, including against Polk in 1844.  It also has had Thomas B. Reed, who promoted the growth of the office to its all time greatest authority, continuing under Joseph Cannon.

It also had John McCormack, who played a major role in the passage of the Civil Rights Act of 1964 and much of the Great Society programs of Lyndon B. Johnson.  Had there been no 25th Amendment passed in 1967, Carl Albert would have succeeded Richard Nixon when he resigned in 1974.  Were it not for Nancy Pelosi, the first woman to be Speaker, there would have been no ObamaCare legislation passed in 2010.

It was a rebellion of progressives in the Republican Party in 1910 , in combination with the minority Democrats, that created a “revolution” in House rules, stripping the Speaker of the absolute control of events that existed under Thomas B. Reed and Joseph Cannon, but still the office has played a major role in American history.

Since the Republicans regained control of the House of Representatives in 1994, after 40 years of being in the minority, and keeping control except for 2007-2011, the Speakership has become an office of disaster and controversy.

First, Newt Gingrich became very confrontational with Bill Clinton, and caused crisis after crisis, until he was forced to resign, with his private scandalous love life being discovered as Bill Clinton faced impeachment for his own scandalous love life.  Bob Livingston was supposed to succeed Gingrich, but his own private scandalous love life prevented that, so Dennis Hastert, a back bencher, became Speaker, lasted longer than any Republican in the position, and avoided most controversy, until now in retirement we have learned of his abuse of male students while a teacher and wrestling coach in high school in the years before he engaged in politics.

John Boehner came into the Speakership under Barack Obama, and faced a Tea Party rebellion, which prevented ability to negotiate, and finally, he lost the confidence of his party, and decided to resign, but his planned successor, Kevin McCarthy, self destructed in the past two weeks, and decided yesterday that he would not run for Speaker, uncertain of support of the Tea Party element.  So now Boehner is back temporarily, and there is a major crisis among House Republicans as to who would be acceptable as an alternative, with Paul Ryan, head of the House Ways and Means Committee and 2012 Vice Presidential nominee, being pressured to take the job, but not wanting to take it.

The Speakership is in crisis, and the Republican Party has done great damage to the position in the past 21 years, and besmirched the historical reputation of the position and of the House of Representatives, and the only way to retrieve it is the hope that, somehow, the Democrats can regain control in 2016, but considered highly unlikely!

Speaker John Boehner’s Constitutional Responsibility Comes Before Partisanship!

Speaker of the House John Boehner needs to be a profile in courage, a man with “cajones”, as the crisis over the budget reaches its peak, and default on the debt is possible by mid October.

The Speaker of the House of Representatives is, first and foremost, a constitutional officer, and under the Presidential Succession Act of 1947, he is second in line, two heartbeats away, from the Presidency.

That is his most important role, more than being a partisan leader of his party, and it is essential, accepted, and mandated that he do NOTHING to cause the “good faith and credit” of the United States government to be harmed, or for the creation of an economic collapse that could harm all of the American people!

So it is time to stop playing games, and for Speaker Boehner to refuse to allow the Tea Party whackos, who are basically domestic terrorists taking America hostage, from stopping the necessary actions to avoid a government shutdown and, later, a reneging on the raising of the debt limit!

He must work with those responsible Republicans, and with Nancy Pelosi, the Democratic leader and her party, to gain the majority vote to resolve both of these crises, and to hell with the right wing lunatics who do not care about anything but their sick, demented ideology!

And if that leads to his party in the House of Representatives to depose him as Speaker, so be it, as he will look great in history for having taken the responsible, sane stand on his duty as top ranking federal official after the President and Vice President!

This situation would never have occurred under Sam Rayburn during the Eisenhower Administration; under John McCormack or Carl Albert during the Nixon and Ford Administrations; and Thomas “Tip” O’Neill during the Reagan Administration, and it MUST NOT be allowed to hold America in a reckless grab for power by an anarchistic group which is controlled by powerful special interests, including the Koch Brothers!

Mr. Speaker, do what you need to do, and you will leave office with your head held high!