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unanimous consent to have printed in ment for the construction and maintenance posal and to educate the community to the the RECORD, a resolution adopted by the of Federal highways in Massachusetts; and dangers of communism to American democUnited States Junior Chamber of Com
Whereas the continued policy of draining racy and Judaism and of anti-Semitism
automotive revenues from Massachusetts behind the Iron Curtain. W are determerce convention at Minneapolis, Minn.,
without a commensurate benefit to the mined to move forward to combat both comon June 12, 1953, relating to the
people of the Commonwealth has seriously munism and those who, under the guise of offering of prayer on July 4, for the suc
crippled our highway program: Therefore anti-communism and by denunciation, incess of the country in the role of world be it
nuendo and false suspicions, would create leadership.
Resolved by the General Court of Massa disunity and distrust and attempt to deThere being no objection, the resolu
chusetts, That we respectfully request the stroy our civil liberties.” tion was referred to the Committee on Federal Government to return to the Com
To the Committee on Foreign Relations: the Judiciary, and ordered to be printed taxes collected in Massachusetts from automonwealth of Massachusetts all of the excise
“RESOLUTION ON GENOCIDE in the Record, as follows:
motive sources, including motor fuel and "We deplore Secretary of State Dulles' reOPERATION PRAY
that these excise taxes be used exclusively cent announcement that the administraWhereas Jaycees everywhere believe that for the construction and maintenance of tion will not press for Senate ratification "Faith in God gives meaning and purpose
Federal highways in Massachusetts; and be of the Genocide Convention which defines as to human life”; and it further
an international crime the destruction of Whereas Jaycees in all parts of the coun
Resolved, That copies of these resolutions any racial, religious, or ethnic group. try can spearhead the drive for a national be sent by the secretary of the Common “The people of the world have long looked and international moral regeneration wealth to the President of the United States, to the United States for action on this great through prayer; and
to the Presiding Officer of each branch of humanitarian issue, the objectives of which Whereas every citizen can render a real Congress, and to each Member thereof from are in keeping with the spirit of our great service to his country and to the world by Massachusetts.
Bill oif Rights and with the Judaeo-Christian praying each day for divine strength and
concept of the sanctity of human life. As guidance for our President, the Cabinet,
Jewish organizations, we are, of course, parCongress of the United States and the judi- IMMIGRATION,
IMMIGRATION, CIVIL LIBERTIES, ticularly moved by the fresh memory of the ciary; and
AND GENOCIDE-RESOLUTIONS destruction of millions of our fellow Jews Whereas President Eisenhower has many
as a result of Nazi genocide.
OF JEWISH COMMUNITY COUNCIL times expressed his dependence upon God
"It has shocked many smaller nations that, and the necessity for prayer; and
OF BOSTON, MASS.
despite the fact that the United States origWhereas a tremendous religious reawak. Mr. KENNEDY. Mr. President, I pre- ership on the Genocide Convention and
inally assumed vigorous and inspiring leadening will be brought upon our nation on sent for appropriate reference, and ask signed this important document when it July 4 if each of our State Jaycee chapters
unanimous consent to have printed in resolves to offer special prayers on July 4
was adopted by the U. N. in 1948, the confor President Eisenhower, the Cabinet, Con
the RECORD, three resolutions adopted vention has been before our Senate for 5 gress of the United States and the judiciary, by the Jewish Community Council of years without having been acted on, delayed to the end that our Nation may successfully the Metropolitan Boston, Mass., relating by the bitter opposition of the isolationist
die-hards. Now, we are told that efforts to lead the rest of the world to peace: Now, to immigration, civil liberties, and gen
secure ratification are to be abandoned altherefore, be it ocide.
together. Resolved by the United States Junior There being no objection, the resolu
“Our failure to ratify the genocide conChamber of Commerce in convention as
tions were received and appropriately sembled this 12th day of June, 1953, at
vention contrasts strangely with the almost referred, and ordered to be printed in universal acceptance of the convention both Minneapolis, Minn., That all members
here and abroad. In the United States, lead. of this organization urge citizens everywhere
the RECORD, as follows: to offer their prayers on July 4 for the suc
ers of religious ethnic, and civic groups, repTo the Committee on the Judiciary:
resenting millions of constituents, have cess of our country in the role of world “RESOLUTION ON IMMIGRATION POLICY
urged its acceptance. Abroad, the convenleadership which has been imposed upon us;
"While we commend the interest in the tion has already been adopted by 43 nations, and be it further
plight of Europe's displaced persons shown and would be ratified by many more were Resolved, That the president of the United
by those who support the Watkins proposal the United States to take positive action. It States Junior Chamber of Commerce send a copy of this resolution to the President of
for emergency legislation to admit 240,000 is a tragic irony that efforts to obtain rati
to the United States, this proposal does not fication of the genocide convention should the United States, all Members of the Con
come to grips with the basic inequities of be abandoned now when so many of the gress of the United States, all Cabinet mem
the McCarran-Walter Immigration Act. As captive peoples of the world are threatened bers of the United States Cabinet and all members of the United States Supreme Carran-Walter Immigration Act: "The exPresident Eisenhower has said of the Mc by Soviet tyranny. Our failure to ratify can
lead only to a cynical questioning of our Court.
isting legislation contains injustices. It does support of international cooperation as an in fact, discriminate.'
instrument of justice and morality. DISTRIBUTION OF MOTOR MOTOR FUEL “The national origins quota system, a
“We urge the administration to press for
early ratification of the genocide convenEXCISE TAXES IN MASSACHU- racist doctrine, is still imbedded in our
tion by the Senate, and we pledge our unSETTS-RESOLUTIONS OF GEN
immigration act. We appeal to our Repre-
remitting support of Senate action to ratify ERAL COURT OF MASSACHUSETTS this outmoded criterion a flexible immigra
the Genocide Convention.” Mr. KENNEDY. Mr. President, on
tion provision allocating opportunities for behalf of myself, and my colleague, the
admission without regard to the accident
TORNADO IN WORCESTER, MASS. senior Senator from Massachusetts (Mr.
“We hail the establishment of the Massa RESOLUTION OF BOARD OF ALSALTONSTALL), I present for appropriate
chusetts Committee for Revision of the Mc DERMEN, SOMERVILLE, MASS. reference, and ask unanimous consent to
Carran-Walter Act and join with our fellow have printed in the RECORD, resolutions Americans in this united effort to achieve
Mr. KENNEDY. Mr. President, I of the General Court of the Common a thorough rewriting of the existing in present for appropriate reference, and wealth of Massachusetts, relating to the iquitous law.”
ask unanimous consent to have printed distribution of motor fuel excise taxes in
in the RECORD, a resolution adopted by that Commonwealth.
"RESOLUTION ON CIVIL LIBERTIES
the Board of Aldermen of the City of There being no objection, the resolu “We join with our fellow Americans with Somerville, Mass., relating to the tortions were referred to the Committee on all our energy in defending American se nado in Worcester, Mass. Finance; and, under the rule, ordered to
curity against threats of attack by enemies There being no objection, the resolu
from without and subversion of American be printed in the RECORD, as follows:
tion was referred to the Committee on strength from within. We join with our Resolutions memorializing Congress to en
Public Works, and ordered to be printed fellow Americans also in standing firm act legislation whereby the motor fuel ex against any and all threats to our civil
in the RECORD, as follows: cise taxes collected in Massachusetts be liberties. Such threats exist today mainly
RESOLUTION OF BOARD OF ALDERMEN, CITY OF distributed to said State to be used solely because foes of our civil liberties, sometimes
SOMERVILLE, MASS. for Federal highway purposes
abetted by the well-meaning but over-zeal Resolved, That it is the sense of the memWhereas the Federal Government annually ous, are taking advantage of the campaign bers of this board of aldermen that we takes from the Massachusetts motorists mil against Communist infiltration and sub record ourselves as favoring proper and adelions of dollars in Federal motor vehicle and version to engage in activities which directly quate Federal aid to the “tornado swept automotive excise taxes; and
threaten the welfare and freedom of individ Worcester" section of our State, inasmuch as Whereas the amount of these taxes col uals and organizations.
it is the accepted view that our neighboring lected in Massachusetts greatly exceeds the "We shall continue with vigor to combat friends of the Worcester area suffered greater amount contributed by the Federal Govern. communism with every means at our dis losses in life and property values than in
the other unfortunate "tornado swept areas" S. 2365. A bill to provide for the national The letter presented by Mr. SALTONthroughout the country; and be it further defense through the acquisition of domes
STALL is as follows: Resolved, that we solicit the aid and as tically produced manganese ores and consistance of our United States Senators from centrates, and for other purposes; to the
OFFICE OF THE SECRETARY OF DEFENSE, Massachusetts and the Congressmen of our Committee on Interior and Insular Affairs.
Washington, D. C. July 9, 1953.
Hon. LEVERETT SALTONSTALL, districts to appeal to the President of the
By Mr. MORSE:
Chairman, Committee on Armed Services, United States so that an additional allot S. 2366. A bill for the relief of Ito Yukiko;
United States Senate. ment of funds will be quickly forthcoming to to the Committee on the Judiciary. the grief-stricken people of the Worcester
DEAR MR. CHAIRMAN: There is forwarded
By Mr. AIKEN: section, our own good people, particularly S. 2367. A bill to amend the act of June 29, herewith a draft of proposed legislation to
authorize certain construction at military during these times when billions of Ameri1935 (the Bankhead-Jones Act), as amended,
and nayal installations, and for other purcan dollars are being expended on foreign
to strengthen the conduct of research of the aid, and it is requested that copies of this Department of Agriculture; to the Committee poses."
This proposed legislation is a part of the resolution be forwarded to the Honorable on Agriculture and Forestry. Members of the Congress and to his honor,
Department of Defense legislative program
By Mr. AIKEN (by request): the mayor of the city of Worcester.
for 1953 and the Bureau of the Budget adS. 2368. A bill to amend section 8 (e) of
vises that there is no objection to its presenthe Soil Conservation and Domestic Allot
tation to the Congress. The Department of ment Act; to the Committee on Agriculture REPORT OF A COMMITTEE
Defense recommends that it be enacted by and Forestry.
the Congress during the present session. The following report of a committee
By Mr. IVES: was submitted: S. 2369. A bill for the relief of Karl Ull
PURPOSE OF THE LEGISLATION By Mr. BUTLER of Maryland, from the
stein; to the Committee on the Judiciary. The proposed legislation would authorize Committee on the Judiciary:
By Mr. TOBEY (by request):
the respective Secretaries of the Army, Navy, S. 2111. A bill to permit the flying of the S. 2370. A bill to authorize the sale of cer and Air Force, acting under the direction, flag of the United States for 24 hours of each tain vessels to Brazil for use in the coast authority, and control of the Secretary of day in Flag House Square, Baltimore, Md.; wise trade of Brazil; and
Defense, to construct certain military pubwithout amendment (Rept. No. 521).
S. 2371. A bill to extend emergency for
lic works urgently needed by the military deeign merchant vessel acquisition and oper partments at this time. The projects that
ating authority of Public Law 101, 77th would be authorized by this proposal conESCAPEES AND REFUGEES IN WEST Congress, and for other purposes; to the stitute those projects which are currently ERN EUROPE-REPORT OF A COM
Committee on Interstate and Foreign deemed by the Department of Defense to be
of such urgency that they should be financed MITTEE (S. REPT. NO. 522)
By Mr. BARRETT (for himself and Mr.
out of funds now available. The use of existMr.LANGER. Mr. President, pursuant
ing appropriations for the construction of to Senate Resolution 326 of the 82d Con S. 2372. A bill to authorize the abolish
the projects covered by this proposal, rather
than for the construction of certain projects gress, 2d session, as amended by Senate ment of the Shoshone Cavern National MonResolution 68 of the 83d Congress, 1st
ument and the transfer of the land therein previously authorized by the Congress, will session, which was a resolution to make tional use, and for other purposes; to the to the city of Cody, Wyo., for public recrea
enable the military departments to make the
most prodent use of existing funds for cona complete study, survey, and investigaCommittee on Interior and Insular Affairs.
struction purposes. tion of the problems in certain western
By Mr. MCCARRAN:
The Department of Defense Intends also European nations created by the flow of
S. 2373. A bill to limit in certain cases the
to submit to the Congress within the next escapees and refugees from Communist power of a single justice or judge of the
few days a report pursuant to the provisions tyranny, on behalf of the Committee on United States to grant a stay of execution
of section 408 (b) of Public Law. 564, 81st the Judiciary, I submit a report. or sentence in connection with a habeas
Congress. That report will list all projects
for the establishment or development of The VICE PRESIDENT. The report corpus proceeding or other proceeding colwill be received and printed. laterally attacking the conviction of any
military, naval, or air force installations and
facilities by the construction, installation, or person; to the Committee on the Judiciary. By Mr. SMITH of New Jersey:
equipment of temporary or permanent pubENROLLED BILL PRESENTED S. J. Res. 100. Joint resolution proposing Congress subsequent to the beginning of the
lic works that have been authorized by the an amendment to the Constitution of the The Secretary of the Senate reported United States providing for the election of
80th Congress and for which adequate funds that on today, July 13, 1953, he presented
for the completion thereof have not been electors of President and Vice President in
appropriated. It will also contain such recto the President of the United States the the several States, for the election of Presienrolled bill (S. 2199) to allow States dent and Vice President by such electors, and,
ommendations as the Secretary of Defense during major disasters to use or distribin certain cases, for the election of President
deems appropriate with respect to the rescisute certain surplus equipment and supand Vice President by the joint membership
sion of all, or any portion, of the authority of the Senate and House of Representatives;
to proceed with any such project. plies of the Federal Government. to the Committee on the Judiciary.
COST AND BUDGET DATA (See the remarks of Mr. SMITH of New The total amount to be authorized by this Jersey when he introduced the above joint
proposal is $529,386,000 of which $145,620,000 BILLS AND JOINT RESOLUTION resolution, which appear under a separate is for the Department of the Army, $96,138,INTRODUCED heading.)
000 is for the Department of the Navy, and Bills and a joint resolution were intro
$287,628,000 is for the Department of the duced, read the first time, and, by unani- CONSTRUCTION AT MILITARY AND
Air Force. The Department of Defense does
not intend to seek additional appropriations mous consent, the second time, and re
for fiscal year 1954 for the projects covered ferred as follows:
Mr. SALTONSTALL. Mr. President, by this proposal. The Department of DeBy Mr. SALTONSTALL:
fense does, however, propose to seek authorS. 2360. A bill for the relief of Jacob Van
I introduce, for appropriate reference, a denbergh; to the Committee on the Judibill to authorize certain construction'at ity to construct those projects through the
use of funds previously appropriated for ciary. military and naval installations, and for
construction purposes and now available to By Mr. SALTONSTALL (by request):
her purposes. I ask unanimous con- the military departments. S. 2361. A bill to authorize certain consent that a letter from John G. Adams,
LEGISLATIVE REFERENCE struction at military and naval installations, Acting General Counsel, Office of Secre
The last major military public works and for other purposes; to the Committee tary of Defense, explaining the purposes on Armed Services.
authorization for the Department of Defense of the bill be printed in the RECORD at is contained in Public Law 534, 82d Congress, (See the remarks of Mr. SALTONSTALL when he introduced the above bill, which appear this point.
approved July 14, 1952. under a separate heading.) The VICE PRESIDENT. The bill will
Sincerely yours, By Mr. FERGUSON: be received and appropriately referred,
JOHN G. ADAMS, S. 2362. A bill for the relief of Allen M. and, without objection, the letter will be
Acting General Counsel. Dorghali; to the Committee on the Judiciary. printed in the RECORD.
Mr. SALTONSTALL. Mr. President, By Mr. JOHNSON of Texas:
The bill (S. 2361) to authorize certain the total amount proposed to be authorS. 2363. A bill for the relief of Dr. Mien Fa Tchou and his wife, Li Hoei Ming Tchou;
construction at military and naval in ized by the bill is $529,386,000, of which to the Committee on the Judiciary.
stallations, and for other purposes, in- $145,620,000 is for the Department of By Mr. MURRAY:
troduced by Mr. SALTONSTALL (by re the Army, $96,138,000 for the DepartS. 2364. A bill to permit the free marketing quest), was received, read twice by its ment of the Navy, and $287,628,000 for of newly mined gold; to the Committee on
title, and referred to the Committee on the Department of the Air Force. The Banking and Currency. Armed Services.
Department of Defense does not intend
to seek additional appropriations for uled hearings on the subject, and we "No person is a qualified presidential electhe fiscal year 1954 for the projects coy- shall be glad to have the Senator ap
tor who is not a qualified voter in the dis
trict for which he is chosen, or if selected for ered by this measure. The Department pear before the subcommittee on Wed
the State at large, then of some parish of the of Defense does propose, however, to nesday afternoon.
State” (sec. 1382). seek authority to construct these proj Mr. SMITH of New Jersey. I thank
The legislative history of various attempts ects through use of funds previously ap- the Senator from North Dakota. I shall
to get legislation through Congress requiring propriated for construction purposes, try to be there to speak on the joint reso that electors be chosen by districts are disand now available to the military de- lution.
cussed in McPherson v. Blacker ((1892) 146 partments.
There being no objection, the analysis U. S. 1). For discussion of reasons for disI understand that, in addition, there was ordered to be printed in the RECORD,
continuance of the district system, see Mes
sage of Governor Rich to the Michigan Legwill be presented to the committee, as follows:
islature on January 5, 1893, asking for repeal when the hearing on the bill is being
ANALYSIS OF PROPOSAL TO AMEND THE CONSTI of the Miner law. The Senate Committee on conducted, a number of cancellations of
TUTION RELATING TO ELECTION OF THE PRES Privileges and Elections in 1874 was of the previously made authorizations.
IDENT AND VICE PRESIDENT; AND COMPARI opinion Congress had no such authority, in-
nature of the one submitted by you would AMENDMENT TO CONSTITUTION
Pursuant to your instructions, as outlined be necessary to effect the desired result CHANGING METHOD OF ELECTING in your letter of April 20, 1953, the draft of (S. Rept. No. 395, 43d Cong., 1st sess.). PRESIDENT AND VICE PRESIDENT your proposed amendment to the United Section 2 of the amendment submitted States Constitution relating to the manner
provides that the inhabitants of each district Mr. SMITH of New Jersey. I ask
of choosing the President and Vice Presi created pursuant to section 1 shall be enunanimous consent to speak for not dent has been analyzed and a comparison
titled to appoint 1 elector of President and more than 2 minutes in introducing a thereof made with the Lodge proposal to
Vice President. Two additional electors shall bill.
abolish the electoral college. The compari be appointed from the State at large by the son between the two proposals, showing how
inhabitants of the State. Section 2 would, The VICE PRESIDENT. The Sena
each would affect the present provisions of course, nullify that portion of clause 2 of tor from New Jersey may proceed.
of the Constitution, is submitted in seperate section 1 of article II of the Constitution now Mr. SMITH of New Jersey. On June tabular form for clarity.
permitting a State to appoint its electors "in 30 of this year the distinguished Sena
such manner as the legislature thereof may
ANALYSIS OF AMENDMENT SUBMITTED tor from South Dakota [Mr. MUNDT]
Section 1 provides that for the purposes introduced Senate joint resolution 95
Section 2 adopts the language now used in of choosing the President and Vice Presi the Constitution in connection with election to change the method of electing the
dent each State shall be divided into such of Senators (amendment XVII) and ReprePresident and Vice President, proposing number of districts as the State has Repre sentatives (art. I, sec. 2, cl. 3) in Congress by an amendment to the Constitution. At sentatives in Congress. The State legislature stating that persons voting for presidential that time the Senator from South Da- in each case is to make the division, but electors "shall have the qualifications requikota made some extended remarks on districts must be composed of contiguous and
site for electors of the most numerous branch the joint resolution. I desire to identify compact territory, and contain as nearly as
of the State legislatures.” Such qualificamyself fully with the purposes which practicable an equal number of inhabitants.
tions, therefore, that a State imposed on perthe distinguished Senator from South Once districts are established they may not
sons for voting for State officers, that is, for be altered until another census has been Dakota had in mind. I was a cosponsor taken. It is to be assumed, of course, that
members of the State's legislature (most nuof a joint resolution which former reference here is to the decennial Federal
merous branch) would also apply to persons
voting for presidential electors as such qualiSenator Lodge introduced in the last census, although the States did at one time,
fications now apply to those yoting for SenCongress, looking to the same end. and a few still do, conduct a census.
ators and Representatives in Congress. SecThe Lodge joint resolution passed the The language used in section 1 to define tion 2 does impose the additional qualificaSenate, but failed to pass the House. the districts to be created by the State
tion of being from the particular district, in I have before me now a joint resolution legislatures from which electors are to be
voting for the district elector, but there is which I am introducing, not in compechosen is the same language used by Con
no requirement set forth in the section that gress in describing congressional districts the elector so chosen must be an inhabitant tition with the Mundt resolution, but
in the reapportionment acts under the or resident of the particular district from as a further contribution to the discus
Twelfth (1900) and Thirteenth Censuses, the which he is chosen. sion. My resolution is in line with the
words "and compact” being added under the The word “appoint" used in section 2 in position taken by the Senator from latter apportionment. (Jan. 16, 1901, secs. connection with choosing of electors would South Dakota, and was prepared for me 3, 4, ch. 93, 31 Stat. 733, 734; and Aug. 8, not necessarily mean “elect,” although it by members of the Princeton Depart 1911, secs. 3, 4, ch. 5, 37 Stat. 13, 14.) would permit election. The inhabitants of a ment of Politics during this session.
Although there is no such requirement in district, or of the State as the case may be,
the existing apportionment act (2 U. S. C. The members of that department were
could choose some method other than an 2a-2b), two States have provisions in their election to choose the presidential electors. studying the subject, and I asked them
constitutions making it mandatory that con For instance, the provision of the Constituto prepare the resolution before I knew gressional districts be of contiguous and tion (art. II, sec. 1, cl. 2), now althe Senator from South Dakota was compact territory. (Virginia constitution lowing a State to appoint its electors "in planning to introduce the one he sub (1902) sec. 55 and West Virginia constitu such manner as the legislature thereof may mitted. I referred my joint resolution tion (1872) art. I, sec. 4.)
direct" has been construed by the United to the Legislative Reference Service The idea of division of the States into States Supreme Court as “leaving it to the with the request that a memorandum districts for the purpose of selecting Presi State legislatures to appoint directly by joint be prepared indicating the respects in adoption of the Constitution, and beginning
dential electors is not novel. Following ballot or concurrent separate action, or which it differs from the Lodge joint in 1788, several of the States volutarily adopt
through popular election by districts or by
general ticket, or as otherwise might be diresolution to which I have referred.
ed the district method of electing Presiden rected.” McPherson v. Blacker ((1892) 146 The memorandum is so illuminating on tial electors. The method, however, was U. S. 1, 28) declaring valid the so-called the whole subject that I ask unanimous generally abandoned by the States following Miner law of Michigan (laws 1891, No. 50) consent to have it printed in the RECORD the election of 1832. It was taken up again providing for the election of presidential as a part of my remarks. It was pre by Michigan in 1892 (laws 1891, No. 50)
electors by districts in a manner proposed by pared for me by the American Law Di and is presently used in only one State. the amendment submitted. vision of the Legislative Reference Sery
This State, Louisiana, requires that Presi Sections 1 and 2 of the amendment subice and is entitled “Analysis of Proposal that is, one from each congressional district dential electors be chosen from districts, mitted would not change the number of
electors to which each State is presently enTo Amend the Constitution Relating to
and two at large (La., Rev. Stat. (1950) title titled pursuant to clause 2 of section 1 of the Election of President and Vice
18, secs. 1381-1382). The law of this State article II, that is, one for each Senator and President; and Comparison Thereof goes even further and requires that the elec Representative in Congress. Also the proWith the Legislative Proposal Abolish tor chosen from a district must be a qualified vision in section 2 of the amendment subing the Electoral College.”
voter in the particular district from which mitted that “No Senator or Representative, Mr. LANGER. Mr. President, reservchosen:
or person holding an office of trust or profit ing the right to object—and I shall not vote for presidential electors as follows: 2
“Every qualified voter in the State shall under the United States, shall be appointed object-I wish to inform the Senator persons shall be selected from the State at
an elector" is identical with language presfrom New Jersey that the Subcommittee iarge, and 1 person shall be chosen from each
ently appearing in clause 2.
Section 3 relates to the meeting of the on Constitutional Amendments of the congressional district in the State" (sec. electors in their respective States, the castCommittee on the Judiciary has sched 1381).
ing of their ballots for President and Vice
— SENATE President, and the transmittal of the report this majority would be at least 266. This is State fails to divide the State into districts of the vote of the presidential electors (the actually a majority of the whole number of as provided in this article, the Congress may electoral college) to the seat of government electors appointed and is the same majority lay off such State into districts for the elecof the United States. Section 3 is in iden numerically now required to elect under the tion of electors." tical language to that presently employed in present system. Presently, under the 12th This section applied to presidential electhe 12th amendment except for a minor amendment, when no candidate for President tors is similar to present article I, section 4, grammatical change.
has received a majority of the vote of the clause 1 when applied to election of Senators Section 4 relates to the counting of the whole number of electors, the House of Rep- and Representatives, but is more far reachelectoral votes. Presently under the 12th resentatives ballots for President, their ing. The proposed section 5 would allow amendment the person having the greatest choice being confined to the persons not ex the States to specify the places of holding number of votes for President, if a majority, ceeding three who have received the highest the elections for electors and prescribe the is elected President, but if no person has
electoral vote. The votes in the House are manner of voting. The States would also such majority, the House of Representatives taken by States, the representation from appoint the officials to conduct the elections chooses the President by ballot from the each State having one vote. A quorum of and have authority to declare who was electthree highest. Similarly the 12th amend the House for this purposes consists of a ed. However, the power would be reserved ment provides that the person having the
Member or Members from two-thirds of the to the Congress to make or alter any such greatest number of votes for Vice President, States, and a majority of all the States shall regulations made by the States. Although if a majority, is elected Vice President, but be necessary to a choice. The vote of at the proposed article of amendment does not if no person has a majority, the Senate least 25 of the States is now required in case declare that presidential electors are Federal chooses the Vice President from the two of such a contingency to elect the President. officers, the fact that their appointment or highest. Instead of a majority of the votes The vote of the delegation of each State is election is rather extensively regulated would cast, section 4 of the amendment submitted, taken separately and the person receiving indicate that they are to be considered Fedhowever, would permit a person having the a majority of the votes given by the Repre eral officers. See In re Green ((1890) 134 greatest number of votes, providing it be at sentatives from the State receives the vote U. S. 377) holding that, presently, electors least 40 percent of the whole number of of that State. If the vote of the delegation are not Federal officers. electoral votes, to be elected President or is divided, the vote of the State does not In addition section 5, specifically stating Vice President as the case may be.
count. (For election of President by the that Congress has the power to divide a State Section 4 would also provide for two con House, see Annals, 7th Cong., 1st sess., pp. into districts for election of electors upon tingencies. One, if on either the list of per 1010, 1022–1028 (1801); and after the 12th failure of a State to so act, seems to be a sons voted for as President or on the list of amendment, see Congressional Debates, vol. mere restatement of a power Congress would persons voted for as Vice President there are 1, 18th Cong., 2d sess., pp. 361-363, 515.) automatically have upon adoptinon of the two candidates having the required percent
This method of choosing the President and rest of the amendment. By way of analogy, age but are tied for electoral votes, then the
Vice President by the House and Senate, Congress presently has the power to require Senate and House of Representatives in joint
would in effect be substituting Members of that the States elect Representatives from meeting would immediately by ballot choose the House and Senate for the electoral col districts (and it has at times exercised this one of them for President or Vice President,
lege since numerically each group combined power) or the Congress may actually do the as the case may be. Second, if on either contains 531 Members. Such a method, dividing itself. This power is derived from list no person shall have received the re eliminating voting by State and substituting section 4 of article I of the Constitution quired 40 percent, then from the three high a per capita vote, would eliminate the ad authorizing it to regulate the places and est on the list the Senate and House would vantage now enjoyed by the smaller States manner of holding elections for Representain like manner choose the President and when an election is thrown into the House. tives. Under clause 18, section 8, article I, Vice President.
Section 5 of the amendment submitted is Congress has the power to make all laws Under section 4 of the amendment sub entirely new and reads as follows:
necessary and proper for carrying into execumitted, when the choice devolves upon the "SEC. 5. The legislature of each State may
tion the foregoing power. See 42 Harvard Congress to select either a President or Vice specify the places of holding elections for
Law Review 1017, note 4, and Colegrove v. President, the votes shall be taken by heads
Green ((1945) 328 U. S. 549, 555). electors, prescribe the manner of voting, and
The amendment submitted does not alter and not by States, and a majority of the provide for the appointment of proper per
the present constitutional and statutory procombined authorized membership of the sons to conduct such elections with author
visions relating to the time of choosing elecSenate and House shall be necessary to a ity to declare definitely the result thereof,
tors found in article II, section 1, clause 4 choice. Since there are 435 Representatives but the Congress may by law make or alter and 48 Statutes 879, codified 62 Statutes 672 and 96 Senators, or a combined total of 531, such regulations. If the legislature of any as United States Code, section 1. COMPARISON OF AMENDMENTS SUBMITTED WITH THE LODGE PROPOSAL (LODGE-GOSSETT) RESOLUTIONS AND THE PRESENT METHOD OF
ELECTING THE PRESIDENT AND VICE PRESIDENT
LODGE PROPOSAL (S. J. RES. 2, 81ST CONG.) AS
Electoral-college system. No change. Electoral votes retained and No change. Electoral votes retained and Electoral votes apportioned among the sevapportioned among the several States as un apportioned among the several States as un eral States-number votes equal to one vote der present method-number votes equal to der present method-number votes equal to for each Senator and Representative in the one vote for each Senator and Representative one vote for each Senator and Representative Congress. in the Congress.
in the Congress. Office of elector retained.
Office of elector (including electoral col Electors of President and Vice President lege) abolished.
appointed by the States as the legislature
determines. For purpose of appointing (electing) elec No provision.
No provision. tors by popular vote, each State, to be divided in districts, 1 elector to be elected from each district and 2 from the State at large.
Electors elected by popular vote, 1 from The people vote directly for President and No provision for direct election but by each district and 2 from the State at large. Vice President.
custom electors are elected from the State at
large except in Louisiana.
QUALITICATIONS OF VOTERS Voters voting for electors in presidential Voters voting directly for President and No provision as to qualification of voters election to have same qualifications the State Vice President to have same qualifications voting for presidential electors. prescribes for voting for members of legis the State prescribes for voting for members lature. The language conforms with amend of legislature. The language conforms with ment XVII providing for election of Senators amendment XVII providing for election of and article I, section 2, providing for elec Senators and article I, section 2, providing tion of Representatives. However, in voting for election of Representatives. for district elector, voter must be inhabitant of particular district. QUALIFICATIONS OF PRESIDENTIAL AND VICE QUALIFICATIONS OF PRESIDENTIAL AND VICE QUALIFICATIONS OF PRESIDENTIAL AND VICE PRESIDENTIAL ELECTORS PRESIDENTIAL ELECTORS
PRESIDENTIAL ELECTORS Same as at present. No United States Office of elector abolished.
No United States Senator or RepresentaSenator or Representative or person holding
tive or person holding an office of trust or an office of trust or profit under the United
profit under the United States is eligible States is eligible (art. II, sec. 1).
(art. II, sec. 1).
DATE OF PRESIDENTIAL ELECTION
DATE OF PRESIDENTIAL ELECTION
II, sec. 1). Congress has fixed the date as
672, 3 U. S. C., sec. 1).
CONDUCT OF ELECTION The legislature of each State may specify No provision except as to manner of mak Election not provided for, this being left to the places of holding elections for electors, ing returns. Within 45 days after the elec- the States. prescribe the manner of voting, and provide tion the official custodian of the election for the appointment of proper persons to returns of each State makes lists of the conduct such elections with authority to names of and number of votes directly redeclare definitively the result, but Congress ceived by each candidate for President and may by law make or alter such regulations. Vice President. Lists thus prepared by the
custodian are sent to the President of the
Senate. COUNTING OF VOTES CAST DIRECTLY BY THE COUNTING OF VOTES CAST DIRECTLY BY THE COUNTING OF VOTES CAST DIRECTLY BY THE PEOPLE FOR ELECTORS PEOPLE FOR PRESIDENT AND VICE PRESIDENT
PEOPLE FOR ELECTORS
dent of the Senate, the votes are counted, is the practice. By custom (State law) the
PRESIDENTIAL ELECTORS The provisions relating to meeting of the No provision, office of elector being abol The electors meet in their respective States electors and casting of ballots for President ished. The popular vote in each State is and each elector votes by ballot for 1 perand Vice President is identical in substance translated directly into electoral votes, each son for President and 1 person for Vice Presiwith the present provisions found in amend- presidential and vice presidential candidate dent (amendment XII). Congress may ment XII.
receiving electoral votes allotted, to the State determine the day the electors give their in direct proportion to his popular vote with
votes but the day must be uniform throughin the State.
out the States. Congress has fixed the day for the first Monday after the second Wednesday in December following their appointment (art. II, sec. 1; 62 Stat. 672; 3 U. S. C.
DATE FOR COUNTING ELECTORAL VOTES IN
CONGRESS The proposal is silent on this. Congress The proposal specifies January 6 following Not fixed by the Constitution. Congress has fixed the time at 1 p. m. on January 6 the election, unless Congress by law appoints has fixed the time at 1 p. m. on January 6 following election of the electors (62 Stat. a different day not earlier than the 4th day following
following election of electors. Under 672; 3 U. S. C. sec. 15).
of January and not later than the 10th day amendment xx terms of Members of old
Congress begin on January 3.
vol. 96, pp. 1152–1153.) Candidate receiving a plurality of the Candidate receiving a plurality of the Candidate receiving greatest number of country's electoral votes would be declared country's electoral votes would be declared votes for President if a majority of the counelected, if the number he receives is at least elected. A Senate amendment to the Lodge try's electoral votes, is declared elected 40 percent of the whole number of electors. proposal, Senate Joint Resolution 2, 81st President.
Congress, was adopted adding the require-
52, presented in the 82d Congress. In case of a tie—there are two candidates
In case of a tie ("there are two or more In case of a tie-or if no candidate has a who have 40 percent but an equal number candidates who have an equal and the high- majority—the House of Representatives of electoral votes—the Senate and House in est number of votes”) the one having the chooses the President by bailot from the 3 joint meeting choose one of them.
greatest popular vote is President (S. J. Res. candidates having the highest electoral vote.
2, 81st Cong.). Voting by the combined House and Sen
In voting by the House for President, the ate for President, the vote is per capita, each
vote is by States, each State having one vote; Representative and Senator having one vote;
a quorum consists of a member or members a majority vote of the combined authorized
from two-thirds of the States with a mamemberships is necessary to elect.
jority vote (25) of all States necessary to
elect. Vice President elected at same time and Vice President elected at same time and Candidate receiving greatest number of in same manner as President. in same manner as President.
votes for Vice President, if a majority of country's electoral vote, is declared elected
Vice President. In case of a tie for Vice President, the same In case of a tie for Vice President, the same In case of a tie for Vice President or if procedure is followed as in case of a tie for provision applies as in case of a tie for Pres no candidate has a majority—the Senate President.
ident, to wit, the one having the greatest chooses the Vice President; a quorum conpopular vote is Vice President.
sists of two-thirds of the whole number of Senators with a majority of the whole number necessary to elect.