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The U.S. government has several safeguards and protocols in place to guard against a catastrophic attack. Aside from the presidential line of succession, the designated survivor protocol is enacted for State of the Union addresses and Joint Sessions of Congress. But what if the worst happened — a terror attack like 9/11 or a natural disaster that leveled parts of our government?
Straight Arrow News contributor John Fortier worked with several of his colleagues at the American Enterprise Institute to analyze continuity of government. Fortier says it’s time to amend the Presidential Succession Act to ensure the nation can maintain stability in the event of a catastrophe.
We need to address two big challenges: How to protect Congress; how to protect the presidential line of succession.
First, protecting Congress. What is the problem and what is the solution? The problem: The target of the fourth plane on 9/11 was the U.S. Capitol. Brave passengers stormed the cockpit, and the plane crashed before it hit its target. But if the attack had succeeded in hitting the Capitol and killing many members, it might have prevented Congress from operating for many months. Why? When a senator dies, our constitution gives states the option of having governors appoint replacement senators who serve until a special election is held to fill the remainder of the term. In practice, this means that when a senator dies, there is a replacement senator in place in a matter of days. The House of Representatives is different. If a House member dies, the constitution does not provide for an immediate replacement. Special elections are held to fill the remainder of the term. But those special elections take on average over four months to complete. When a House member dies, the seat remains vacant for months.
The problem is magnified if there is a catastrophic event where many members are killed. The Constitution provides that a quorum to do business in the House of Representatives is a majority, today 218 seats. If more than a majority of members were killed, the House would not be able to meet its quorum requirement and could not function. And as it takes many months to replace House members with special elections, Congress would be effectively shut down for months, unable to legislate, appropriate funds, and unable to act as a check on the president. And even lesser catastrophes would be troublesome. Imagine a House of Representative with twenty percent of its seats vacant, perhaps with a change in the majority or whole regions of the country unrepresented.
The solution? Our Continuity of Government Commission proposes a constitutional amendment to allow temporary replacement members in the House of Representatives. Like in the Senate, these replacement members would serve until a special election could beheld. So if a House member dies, a temporary replacement will be appointed immediately, and a special election to fill the remainder of the term would take place in four to five months.
