CQ TODAY ONLINE NEWS
Dec. 15, 2008 – 4:45 a.m.
Analysis: Heartbeats Away from the Presidency
By Jonathan Allen, CQ Staff
Two days before his 91st birthday last month, Democrat Robert C. Byrd of West Virginia was re-elected president pro tempore of the Senate.
He had recently decided to step down from his post as chairman of the Appropriations Committee, a move hastened by not-so-subtle pressure from a Democratic leadership clearly concerned about his capacity to fulfill the duties of one of the toughest legislative jobs on Capitol Hill.
The office of the president pro tempore, established under the Constitution and typically awarded to the senior senator from the majority party, has few responsibilities, formal or informal — unless catastrophe strikes and its occupant is called on to become president of the United States.
By virtue of the 1947 presidential succession law, Byrd stands third in line to the presidency, behind the vice president and the Speaker of the House.
He is no longer the adept master of Senate rules and folkways who outwitted adversaries and rose to the rank of majority leader more than three decades ago. He gets around by wheelchair and his speeches on the Senate floor are delivered with greater difficulty and less lucidity than ever before.
If Byrd is no longer capable of running the Appropriations Committee, it is “very questionable” whether he should be in line to run the country in a national emergency, according to Joel K. Goldstein, a constitutional law expert who teaches at Saint Louis University’s law school.
“It really doesn’t make any sense to have somebody whose only claim to the position is seniority a few heartbeats away from the presidency,” Goldstein said. “It’s very hard to justify.”
A Democratic leadership aide confirmed that there have been past discussions about whether Byrd should continue in the post of president pro tempore.
But Byrd’s recent re-election indicates that talk has faded about taking away his last major vestige of privilege in an institution he has served in since 1959 — before seven members of the Senate in the 111th Congress were born.
There is nothing unusual about an old — or infirm — man standing so close in line to the Oval Office.
When Lyndon B. Johnson ascended to the presidency in the wake of President John F. Kennedy’s 1963 assassination, there was no provision for selecting a new vice president. House Speaker John McCormack of Massachusetts, about to turn 72, and Senate president pro tempore Carl Hayden of Arizona, then 86, were next in line.
One of Byrd’s recent predecessors, the late Democrat-turned-Dixiecrat-turned-Republican Strom Thurmond of South Carolina, was 98 when he last held the job in summer 2001. Thurmond lost the post when then-Republican Jim Jeffords of Vermont became an independent, throwing control of the chamber to Democrats.
By that point, Thurmond was no longer performing his basic duties, he needed aides to help him around the Capitol and on the floor of the Senate, and he would soon change his address to Walter Reed Army Medical Center.
But it was also before the Sept. 11, 2001, terrorist assault on New York and Washington made it clear that the nation’s leaders are not invulnerable.
At one point, in the early part of the nation’s history, the position was second in line to the presidency, according to the Senate’s Web site.
The president pro tempore even voted to convict impeached President Andrew Johnson in the 1860s, a vote that could have put the senator in the Oval Office because there was no vice president serving under Johnson, who had succeeded to the presidency upon the assassination of President Abraham Lincoln.
From 1886 to 1947, the president pro tempore and the Speaker of the House were removed from the presidential line of succession, putting the secretary of State first in line after the vice president.
President Harry S Truman, who succeeded to the office when Franklin D. Roosevelt died and who was in position to appoint all of those who might succeed him, suggested in a special message to Congress on June 19, 1945, that the Speaker and the president pro tempore should take precedence over unelected Cabinet officials in the line of succession.
“Insofar as possible, the office of the president should be filled by an elective officer,” he said.
He argued that the Speaker, by virtue of biennial House elections, was closer to the people and that the Johnson case had laid bare the gamesmanship that could occur in an impeachment trial should the president pro tempore stand to win the presidency by voting to convict.
A new succession law was enacted in 1947, but not before Sen. Richard B. Russell of Georgia was rebuffed in an effort to put the Senate’s president pro tempore ahead of the Speaker.
The office of president pro tempore is embedded in the Constitution, and its place in the line of presidential succession cannot be changed without enactment of a new law.
But the method of choosing the president pro tempore could be easily changed by the members of the Senate, according to Goldstein.
“One thing you could do is make the president pro tempore of the Senate equal to the Speaker of the House” by assigning the job to the elected Senate majority leader and “honor the senior person in a different way,” he said.




Comments
It's difficult to change tradition in the Senate and especially difficult to remove a long-serving senator from receiving the honor of being elected Speaker Pro Tempore. How that change could be enacted, without insulting Sen. Byrd, while he is serving in that capacity, isn't something I imagine his colleagues would want to do, but I think my friend, Joel Goldstein, has a good suggestion to avoid this sort of problem in the future. Another suggestion would be to impose an age limit on the Speaker Pro Tempore; only those under the age of 85 would be eligible.
What about placing an upper age limit on the presidency itself? We already have a lower limit, so why not amend the Constitution to say that the president must be "a natural born citizen between the ages of 35 and 85"? This way, Byrd gets to remain President Pro Tempore if he wants to, and if the line of succession gets that far, he would simply be ineligible and the presidency would fall to the next person on the list - Secretary of State. There is already precedent for skipping people in the line of succession -- two current cabinet secretaries would be "skipped" because they were not born in the U.S.
Although I'm absolutely no fan of Harry Reid, I wholeheartedly agree that the Senate Majority Leader should also be elected President Pro Tempore. With the Bolsheviks talking about change all the time, here is a good place to start. In the UK House of Commons, they honor the most senior member, regardless of party, with the title "Father of the House". Sen. Byrd can be honored as the "Father of the Senate".
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