Cornyn Introduces Constitutional Amendment to Provide for Continuity of Congress


In: All News   Posted 11/05/2003
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WASHINGTON — U.S. Sen. John Cornyn, chairman of the Judiciary Committee’s subcommittee on the Constitution, introduced a constitutional amendment and implementing legislation Wednesday to provide for the continuity of Congress. Though the Constitution specifically authorizes Congress in Article II to provide for the continuity of the Presidency, it lacks such a provision for Congress. As currently drafted, the Constitution and U.S. Code are inadequate, antiquated and do not reflect today’s realities. Following the attacks of 9/11, the threat is no longer abstract, Cornyn said. Rather, "it is among the most pressing issues before the Congress.""Nobody relishes the idea of planning for their own demise, but it will be far too late to establish a protocol for continuity after a catastrophe strikes the Capitol building," Cornyn said. "The time to correct these potentially devastating flaws is now—not the day after an attack. Today, I offer a proposal to provide for continuity of congressional operations. And in the coming weeks, I will submit legislation to repair problems in our current system of presidential succession." Cornyn was joined by members of the AEI-Brookings Continuity of Government Commission in unveiling the legislation. Former presidential adviser Lloyd Cutler, who is the co-chairman; Norm Ornstein, senior counselor to the commission and resident scholar at the American Enterprise Institute; and Thomas Mann, senior counselor to the commission, and senior fellow, governmental studies at the Brookings Institution applauded the introduction and urged speedy Congressional action to updated the Constitution to fit modern realities. Although Congress is not in session year-round, the ability to convene immediately in a time of crisis cannot be understated. Two days after 9/11, Congress passed legislation expediting benefits for public safety officers killed or injured in the line of duty. Three days after 9/11, Congress appropriated $40 billion in emergency funds and approved legislation supporting the use of military force. And a week later, Congress enacted further legislation to stabilize and secure the economy and airports, and to compensate the victims of the 9/11 attacks. in subsequent weeks, Congress approved several other bills and appropriations to bolster national security and upgrade our ability to combat terrorism. Yet had events unfolded differently, Cornyn said, "it’s possible that none of this legislation would have been enacted in a timely fashion, leaving our national and homeland security in limbo." in an effort to reach broad consensus, and bridge the differences of opinion on how best to reconstitute the government, Cornyn’s implementing legislation allows the states to choose whether their method of replacing members would be 1) by special elections, 2) emergency interim appointments by the governor or by the legislature, 3) emergency interim appointments pursuant to a list of successors created by incumbent members of Congress, or 4) through other mechanisms. the legislation also ensures that any emergency interim appointments to fill vacancies in the House would only be temporary. The implementing legislation requires such appointments to be accompanied by elections within a 120 day time limit, and incapacitated members would have the right to reclaim their office at any time after recovery. "Some disagreement remains on what form the solution should take. Some members of Congress desire emergency interim appointments, while other members believe that expedited special elections are sufficient," Cornyn said. "My proposal specifically refrains from choosing sides in this debate. The constitutional amendment simply defers the question to Congress, and the implementing legislation simply defers the question to the states." As chairman of the Judiciary Committee’s subcommittee on the Constitution, Cornyn chaired a hearing of the full committee September 9 on continuity of Congress. Senators at the hearing heard from members of Congress and electoral experts in an effort to ensure that Americans will have an operational government in the event of a catastrophe. The hearing, titled Ensuring the Continuity of the United States Government: The Congress, was the first in a series chaired by Cornyn, and he co-chaired a joint hearing on September 16 with the chairman of the Rules Committee, Sen. Trent Lott (R-Miss.), on long-needed reforms to the presidential succession statute. "It’s not every day that you introduce legislation then pray you never have to use it," Cornyn said. "But this legislation is absolutely necessary. Two years is too long, and it’s time to update the Constitution to address this critical need." Sen. Cornyn chairs the subcommittee on the Constitution, Civil Rights & Property Rights, where the constitutional amendment will be referred. He is the only former judge on the Judiciary Committee and served previously as Texas Attorney General, Texas Supreme Court Justice, and Bexar County District Judge.