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through prayer; and

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Whereas every citizen can render a real service to his country and to the world by praying each day for divine strength and guidance for our President, the Cabinet, Congress of the United States and the judiciary; and

Whereas President Eisenhower has many times expressed his dependence upon God and the necessity for prayer; and

Whereas a tremendous religious reawakening will be brought upon our nation on July 4 if each of our State Jaycee chapters resolves to offer special prayers on July 4 for President Eisenhower, the Cabinet, Congress of the United States and the judiciary, to the end that our Nation may successfully lead the rest of the world to peace: Now, therefore, be it

Resolved by the United States Junior Chamber of Commerce in convention assembled this 12th day of June, 1953, at Minneapolis, Minn., That all members of this organization urge citizens everywhere to offer their prayers on July 4 for the success of our country in the role of world leadership which has been imposed upon us; and be it further

Resolved, That the president of the United States Junior Chamber of Commerce send a copy of this resolution to the President of the United States, all Members of the Congress of the United States, all Cabinet members of the United States Cabinet and all members of the United States Supreme Court.

DISTRIBUTION OF MOTOR FUEL EXCISE TAXES IN MASSACHUSETTS-RESOLUTIONS OF GENERAL COURT OF MASSACHUSETTS Mr. KENNEDY. Mr. President, on behalf of myself, and my colleague, the senior Senator from Massachusetts [Mr. SALTONSTALL], I present for appropriate reference, and ask unanimous consent to have printed in the RECORD, resolutions of the General Court of the Commonwealth of Massachusetts, relating to the distribution of motor fuel excise taxes in that Commonwealth.

There being no objection, the resolutions were referred to the Committee on Finance; and, under the rule, ordered to be printed in the RECORD, as follows: Resolutions memorializing Congress to enact legislation whereby the motor fuel excise taxes collected in Massachusetts be distributed to said State to be used solely for Federal highway purposes Whereas the Federal Government annually takes from the Massachusetts motorists millions of dollars in Federal motor vehicle and automotive excise taxes; and

Whereas the amount of these taxes collected in Massachusetts greatly exceeds the amount contributed by the Federal Govern

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ment for the construction and maintenance of Federal highways in Massachusetts; and Whereas the continued policy of draining automotive revenues from Massachusetts without a commensurate benefit to the people of the Commonwealth has seriously crippled our highway program: Therefore be it

Resolved by the General Court of Massachusetts, That we respectfully request the

Federal Government to return to the Commonwealth of Massachusetts all of the excise taxes collected in Massachusetts from automotive sources, including motor fuel and that these excise taxes be used exclusively for the construction and maintenance of Federal highways in Massachusetts; and be it further

Resolved, That copies of these resolutions be sent by the secretary of the Commonwealth to the President of the United States, to the Presiding Officer of each branch of Congress, and to each Member thereof from Massachusetts.

IMMIGRATION,

CIVIL LIBERTIES,

AND GENOCIDE-RESOLUTIONS OF JEWISH COMMUNITY COUNCIL OF BOSTON, MASS.

posal and to educate the community to the dangers of communism to American democracy and Judaism and of anti-Semitism behind the Iron Curtain. We are determined to move forward to combat both communism and those who, under the guise of anti-communism and by denunciation, innuendo and false suspicions, would create disunity and distrust and attempt to destroy our civil liberties."

To the Committee on Foreign Relations: "RESOLUTION ON GENOCIDE

"We deplore Secretary of State Dulles' recent announcement that the administration will not press for Senate ratification of the Genocide Convention which defines as an international crime the destruction of any racial, religious, or ethnic group.

"The people of the world have long looked to the United States for action on this great humanitarian issue, the objectives of which are in keeping with the spirit of our great Bill of Rights and with the Judaeo-Christian concept of the sanctity of human life. As Jewish organizations, we are, of course, particularly moved by the fresh memory of the destruction of millions of our fellow Jews as a result of Nazi genocide.

"It has shocked many smaller nations that, despite the fact that the United States orig

ership on the Genocide Convention and signed this important document when it was adopted by the U. N. in 1948, the convention has been before our Senate for 5 years without having been acted on, delayed by the bitter opposition of the isolationist

Mr. KENNEDY. Mr. President, I pre-inally assumed vigorous and inspiring leadsent for appropriate reference, and ask unanimous consent to have printed in the RECORD, three resolutions adopted by the Jewish Community Council of the Metropolitan Boston, Mass., relating to immigration, civil liberties, and genocide.

There being no objection, the resolutions were received and appropriately referred, and ordered to be printed in the RECORD, as follows:

To the Committee on the Judiciary:

"RESOLUTION ON IMMIGRATION POLICY "While we commend the interest in the plight of Europe's displaced persons shown by those who support the Watkins proposal for emergency legislation to admit 240,000 to the United States, this proposal does not come to grips with the basic inequities of the McCarran-Walter Immigration Act. As President Eisenhower has said of the McCarran-Walter Immigration Act: "The existing legislation contains injustices. It does in fact, discriminate.'

"The national origins quota system, a racist doctrine, is still imbedded in our immigration act. We appeal to our Representatives and Senators to substitute for this outmoded criterion a flexible immigration provision allocating opportunities for admission without regard to the accident of place of birth.

"We hail the establishment of the Massachusetts Committee for Revision of the McCarran-Walter Act and join with our fellow Americans in this united effort to achieve a thorough rewriting of the existing iniquitous law."

"RESOLUTION ON CIVIL LIBERTIES

"We join with our fellow Americans with all our energy in defending American security against threats of attack by enemies from without and subversion of American strength from within. We join with our fellow Americans also in standing firm against any and all threats to our civil liberties. Such threats exist today mainly because foes of our civil liberties, sometimes abetted by the well-meaning but over-zealous, are taking advantage of the campaign against Communist infiltration and subversion to engage in activities which directly threaten the welfare and freedom of individuals and organizations.

"We shall continue with vigor to combat communism with every means at our dis

die-hards. Now, we are told that efforts to secure ratification are to be abandoned altogether.

"Our failure to ratify the genocide convention contrasts strangely with the almost universal acceptance of the convention both here and abroad. In the United States, leaders of religious ethnic, and civic groups, representing millions of constituents, have urged its acceptance. Abroad, the convention has already been adopted by 43 nations, and would be ratified by many more were the United States to take positive action. It is a tragic irony that efforts to obtain ratification of the genocide convention should be abandoned now when so many of the captive peoples of the world are threatened by Soviet tyranny. Our failure to ratify can lead only to a cynical questioning of our support of international cooperation as an instrument of justice and morality.

"We urge the administration to press for early ratification of the genocide convention by the Senate, and we pledge our unremitting support of Senate action to ratify the Genocide Convention.”

TORNADO IN WORCESTER, MASS.RESOLUTION OF BOARD OF ALDERMEN, SOMERVILLE, MASS. Mr. KENNEDY. Mr. President, I present for appropriate reference, and ask unanimous consent to have printed in the RECORD, a resolution adopted by the Board of Aldermen of the City of Somerville, Mass., relating to the tornado in Worcester, Mass.

There being no objection, the resolution was referred to the Committee on Public Works, and ordered to be printed in the RECORD, as follows:

RESOLUTION OF BOARD OF ALDERMEN, CITY OF SOMERVILLE, MASS.

Resolved, That it is the sense of the members of this board of aldermen that we record ourselves as favoring proper and adequate Federal aid to the "tornado swept Worcester" section of our State, inasmuch as it is the accepted view that our neighboring friends of the Worcester area suffered greater losses in life and property values than in

the other unfortunate "tornado swept areas" throughout the country; and be it further

Resolved, That we solicit the aid and assistance of our United States Senators from Massachusetts and the Congressmen of our districts to appeal to the President of the United States so that an additional allotment of funds will be quickly forthcoming to the grief-stricken people of the Worcester section, our own good people, particularly during these times when billions of American dollars are being expended on foreign aid, and it is requested that copies of this resolution be forwarded to the Honorable Members of the Congress and to his honor, the mayor of the city of Worcester.

REPORT OF A COMMITTEE

The following report of a committee was submitted:

By Mr. BUTLER of Maryland, from the Committee on the Judiciary:

S. 2111. A bill to permit the flying of the flag of the United States for 24 hours of each day in Flag House Square, Baltimore, Md.; without amendment (Rept. No. 521).

ESCAPEES AND REFUGEES IN WESTERN EUROPE-REPORT OF A COMMITTEE (S. REPT. NO. 522)

Mr.LANGER. Mr. President, pursuant to Senate Resolution 326 of the 82d Congress, 2d session, as amended by Senate Resolution 68 of the 83d Congress, 1st session, which was a resolution to make a complete study, survey, and investigation of the problems in certain western European nations created by the flow of escapees and refugees from Communist tyranny, on behalf of the Committee on the Judiciary, I submit a report.

The VICE PRESIDENT. The report will be received and printed.

ENROLLED BILL PRESENTED

The Secretary of the Senate reported that on today, July 13, 1953, he presented to the President of the United States the enrolled bill (S. 2199) to allow States during major disasters to use or distribute certain surplus equipment and supplies of the Federal Government.

BILLS AND JOINT RESOLUTION
INTRODUCED

Bills and a joint resolution were introduced, read the first time, and, by unanimous consent, the second time, and referred as follows:

By Mr. SALTONSTALL:

S. 2360. A bill for the relief of Jacob Vandenbergh; to the Committee on the Judiciary.

By Mr. SALTONSTALL (by request): S. 2361. A bill to authorize certain construction at military and naval installations, and for other purposes; to the Committee on Armed Services.

(See the remarks of Mr. SALTONSTALL when he introduced the above bill, which appear under a separate heading.)

By Mr. FERGUSON:

S. 2362. A bill for the relief of Allen M. Dorghali; to the Committee on the Judiciary. By Mr. JOHNSON of Texas:

S. 2363. A bill for the relief of Dr. Mien Fa Tchou and his wife, Li Hoei Ming Tchou; to the Committee on the Judiciary.

By Mr. MURRAY:

S. 2364. A bill to permit the free marketing of newly mined gold; to the Committee on Banking and Currency.

S. 2365. A bill to provide for the national defense through the acquisition of domestically produced manganese ores and concentrates, and for other purposes; to the Committee on Interior and Insular Affairs.

By Mr. MORSE:

S. 2366. A bill for the relief of Ito Yukiko; to the Committee on the Judiciary.

By Mr. AIKEN:

S. 2367. A bill to amend the act of June 29, 1935 (the Bankhead-Jones Act), as amended, to strengthen the conduct of research of the Department of Agriculture; to the Committee on Agriculture and Forestry.

By Mr. AIKEN (by request):

S. 2368. A bill to amend section 8 (e) of the Soil Conservation and Domestic Allotment Act; to the Committee on Agriculture and Forestry.

By Mr. IVES:

S. 2369. A bill for the relief of Karl Ullstein; to the Committee on the Judiciary. By Mr. TOBEY (by request):

S. 2370. A bill to authorize the sale of certain vessels to Brazil for use in the coastwise trade of Brazil; and

S. 2371. A bill to extend emergency foreign merchant vessel acquisition and operating authority of Public Law 101, 77th Congress, and for other purposes; to the Committee on Interstate and Foreign Commerce.

By Mr. BARRETT (for himself and Mr.
HUNT):

S. 2372. A bill to authorize the abolishment of the Shoshone Cavern National Monument and the transfer of the land therein to the city of Cody, Wyo., for public recreational use, and for other purposes; to the Committee on Interior and Insular Affairs. By Mr. MCCARRAN:

S. 2373. A bill to limit in certain cases the power of a single justice or judge of the United States to grant a stay of execution or sentence in connection with a habeas

corpus proceeding or other proceeding collaterally attacking the conviction of any person; to the Committee on the Judiciary.

By Mr. SMITH of New Jersey:

S. J. Res. 100. Joint resolution proposing an amendment to the Constitution of the United States providing for the election of electors of President and Vice President in the several States, for the election of President and Vice President by such electors, and, in certain cases, for the election of President and Vice President by the joint membership of the Senate and House of Representatives; to the Committee on the Judiciary.

(See the remarks of Mr. SMITH of New Jersey when he introduced the above joint resolution, which appear under a separate heading.)

CONSTRUCTION AT MILITARY AND

NAVAL INSTALLATIONS

Mr. SALTONSTALL. Mr. President, I introduce, for appropriate reference, a bill to authorize certain construction at military and naval installations, and for other purposes. I ask unanimous consent that a letter from John G. Adams, Acting General Counsel, Office of Secretary of Defense, explaining the purposes of the bill be printed in the RECORD at this point.

The VICE PRESIDENT. The bill will be received and appropriately referred, and, without objection, the letter will be printed in the RECORD.

The bill (S. 2361) to authorize certain construction at military and naval installations, and for other purposes, introduced by Mr. SALTONSTALL (by request), was received, read twice by its title, and referred to the Committee on Armed Services.

The letter presented by Mr. SALTONSTALL is as follows:

OFFICE OF THE SECRETARY OF DEFENSE,
Washington, D. C. July 9, 1953.
Hon. LEVERETT SALTONSTALL,

Chairman, Committee on Armed Services,
United States Senate.

DEAR MR. CHAIRMAN: There is forwarded herewith a draft of proposed legislation "to authorize certain construction at military and naval installations, and for other purposes."

This proposed legislation is a part of the Department of Defense legislative program for 1953 and the Bureau of the Budget advises that there is no objection to its presentation to the Congress. The Department of Defense recommends that it be enacted by the Congress during the present session.

PURPOSE OF THE LEGISLATION

The proposed legislation would authorize the respective Secretaries of the Army, Navy, and Air Force, acting under the direction, authority, and control of the Secretary of Defense, to construct certain military public works urgently needed by the military departments at this time. The projects that would be authorized by this proposal constitute those projects which are currently deemed by the Department of Defense to be of such urgency that they should be financed out of funds now available. The use of existing appropriations for the construction of the projects covered by this proposal, rather than for the construction of certain projects previously authorized by the Congress, will enable the military departments to make the most prodent use of existing funds for construction purposes.

The Department of Defense intends also to submit to the Congress within the next few days a report pursuant to the provisions of section 408 (b) of Public Law 564, 81st Congress. That report will list all projects for the establishment or development of military, naval, or air force installations and facilities by the construction, installation, or equipment of temporary or permanent public works that have been authorized by the Congress subsequent to the beginning of the 80th Congress and for which adequate funds for the completion thereof have not been appropriated. It will also contain such recommendations as the Secretary of Defense deems appropriate with respect to the rescission of all, or any portion, of the authority to proceed with any such project.

COST AND BUDGET DATA

The total amount to be authorized by this proposal is $529,386,000 of which $145,620,000 is for the Department of the Army, $96,138,000 is for the Department of the Navy, and $287,628,000 is for the Department of the Air Force. The Department of Defense does not intend to seek additional appropriations for fiscal year 1954 for the projects covered by this proposal. The Department of Defense does, however, propose to seek authority to construct those projects through the use of funds previously appropriated for construction purposes and now available to the military departments.

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uled hearings on the subject, and we shall be glad to have the Senator ap

to seek additional appropriations for the fiscal year 1954 for the projects cov

"No person is a qualified presidential elector who is not a qualified voter in the district 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 seek authority to construct these projects through use of funds previously appropriated for construction purposes, and now available to the military departments.

I understand that, in addition, there will be presented to the committee, committee, when the hearing on the bill is being conducted, a number of cancellations of previously made authorizations.

AMENDMENT TO CONSTITUTION CHANGING METHOD OF ELECTING PRESIDENT AND VICE PRESIDENT Mr. SMITH of New Jersey. I ask unanimous consent to speak for not more than 2 minutes in introducing a bill.

The VICE PRESIDENT. The Senator from New Jersey may proceed.

At

Mr. SMITH of New Jersey. On June 30 of this year the distinguished Senator from South Dakota [Mr. MUNDT] introduced Senate joint resolution 95 to change the method of electing the President and Vice President, proposing an amendment to the Constitution. that time the Senator from South Dakota made some extended remarks on the joint resolution. I desire to identify myself fully with the purposes which the distinguished Senator from South Dakota had in mind. I was a cosponsor of a joint resolution which former Senator Lodge introduced in the last Congress, looking to the same end. The Lodge joint resolution passed the Senate, but failed to pass the House. I have before me now a joint resolution which I am introducing, not in competition with the Mundt resolution, but as a further contribution to the discussion. My resolution is in line with the position taken by the Senator from South Dakota, and was prepared for me by members of the Princeton Department of Politics during this session. The members of that department were studying the subject, and I asked them to prepare the resolution before I knew the Senator from South Dakota was planning to introduce the one he submitted. I referred my joint resolution to the Legislative Reference Service with the request that a memorandum

be prepared indicating the respects in which it differs from the Lodge joint resolution to which I have referred. The memorandum is so illuminating on the whole subject that I ask unanimous consent to have it printed in the RECORD as a part of my remarks. It was prepared for me by the American Law Division of the Legislative Reference Service and is entitled "Analysis of Proposal To Amend the Constitution Relating to the Election of President and Vice President; and Comparison Thereof With the Legislative Proposal Abolishing the Electoral College."

Mr. LANGER. Mr. President, reserving the right to object—and I shall not object I wish to inform the Senator from New Jersey that the Subcommittee on Constitutional Amendments of the Committee on the Judiciary has sched

nesday afternoon.

Mr. SMITH of New Jersey. I thank the Senator from North Dakota. I shall try to be there to speak on the joint resolution.

There being no objection, the analysis was ordered to be printed in the RECORD, as follows:

ANALYSIS OF PROPOSAL TO AMEND THE CONSTITUTION RELATING TO ELECTION OF THE PRESIDENT AND VICE PRESIDENT; AND COMPARISON THEREOF WITH THE LODGE PROPOSAL ABOLISHING THE ELECTORAL COLLEGE

Pursuant to your instructions, as outlined in your letter of April 20, 1953, the draft of your proposed amendment to the United States Constitution relating to the manner of choosing the President and Vice President has been analyzed and a comparison thereof made with the Lodge proposal to abolish the electoral college. The comparison between the two proposals, showing how each would affect the present provisions of the Constitution, is submitted in seperate tabular form for clarity.

ANALYSIS OF AMENDMENT SUBMITTED

Section 1 provides that for the purposes of choosing the President and Vice President each State shall be divided into such number of districts as the State has Representatives in Congress. The State legislature in each case is to make the division, but districts must be composed of contiguous and compact territory, and contain as nearly as practicable an equal number of inhabitants. Once districts are established they may not be altered until another census has been taken. It is to be assumed, of course, that reference here is to the decennial Federal census, although the States did at one time, and a few still do, conduct a census.

The language used in section 1 to define the districts to be created by the State

legislatures from which electors are to be chosen is the same language used by Congress in describing congressional districts in the reapportionment acts under the Twelfth (1900) and Thirteenth Censuses, the words "and compact" being added under the latter apportionment. (Jan. 16, 1901, secs. 3, 4, ch. 93, 31 Stat. 733, 734; and Aug. 8, 1911, secs. 3, 4, ch. 5, 37 Stat. 13, 14.) Although there is no such requirement in the existing apportionment act (2 U. S. C. 2a-2b), two States have provisions in their constitutions making it mandatory that congressional districts be of contiguous and compact territory. (Virginia constitution (1902) sec. 55 and West Virginia constitution (1872) art. I, sec. 4.)

The idea of division of the States into districts for the purpose of selecting Presidential electors is not novel. Following

adoption of the Constitution, and beginning in 1788, several of the States volutarily adoptadoption of the Constitution, and beginning

ed the district method of electing Presidential electors. The method, however, was generally abandoned by the States following the election of 1832. It was taken up again by Michigan in 1892 (laws 1891, No. 50) and is presently used in only one State. This State, Louisiana, requires that Presidential electors be chosen from districts,

that is, one from each congressional district and two at large (La., Rev. Stat. (1950) title 18, secs. 1381-1382). The law of this State goes even further and requires that the elector chosen from a district must be a qualified voter in the particular district from which chosen:

"Every qualified voter in the State shall vote for presidential electors as follows: 2

persons shall be selected from the State at large, and 1 person shall be chosen from each congressional district in the State" (sec. 1381).

State" (sec. 1382).

The legislative history of various attempts to get legislation through Congress requiring that electors be chosen by districts are discussed in McPherson v. Blacker ((1892) 146 U. S. 1). For discussion of reasons for discontinuance of the district system, see Message of Governor Rich to the Michigan Legislature on January 5, 1893, asking for repeal of the Miner law. The Senate Committee on Privileges and Elections in 1874 was of the opinion Congress had no such authority, indicating a constitutional amendment in the nature of the one submitted by you would be necessary to effect the desired result (S. Rept. No. 395, 43d Cong., 1st sess.).

Section 2 of the amendment submitted provides that the inhabitants of each district created pursuant to section 1 shall be entitled to appoint 1 elector of President and Vice President. Two additional electors shall be appointed from the State at large by the inhabitants of the State. Section 2 would, of course, nullify that portion of clause 2 of section 1 of article II of the Constitution now permitting a State to appoint its electors "in such manner as the legislature thereof may direct."

Section 2 adopts the language now used in the Constitution in connection with election of Senators (amendment XVII) and Representatives (art. I, sec. 2, cl. 3) in Congress by stating that persons voting for presidential electors "shall have the qualifications requisite for electors of the most numerous branch of the State legislatures." Such qualifications, therefore, that a State imposed on persons for voting for State officers, that is, for members of the State's legislature (most numerous branch) would also apply to persons voting for presidential electors as such qualifications now apply to those voting for Senators and Representatives in Congress. Section 2 does impose the additional qualification of being from the particular district, in voting for the district elector, but there is no requirement set forth in the section that the elector so chosen must be an inhabitant or resident of the particular district from which he is chosen.

The word "appoint" used in section 2 in connection with choosing of electors would not necessarily mean "elect," although it would permit election. The inhabitants of a district, or of the State as the case may be, could choose some method other than an election to choose the presidential electors. For instance, the provision of the Constitution (art. II, sec. 1, cl. 2), now allowing a State to appoint its electors "in such manner as the legislature thereof may direct" has been construed by the United States Supreme Court as "leaving it to the State legislatures to appoint directly by joint ballot or concurrent separate action, or through popular election by districts or by general ticket, or as otherwise might be directed." McPherson v. Blacker ((1892) 146 U. S. 1, 28) declaring valid the so-called Miner law of Michigan (laws 1891, No. 50) providing for the election of presidential electors by districts in a manner proposed by the amendment submitted.

Sections 1 and 2 of the amendment submitted would not change the number of electors to which each State is presently entitled pursuant to clause 2 of section 1 of article II, that is, one for each Senator and Representative in Congress. Also the provision in section 2 of the amendment submitted that "No Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector" is identical with language presently appearing in clause 2.

Section 3 relates to the meeting of the electors in their respective States, the casting of their ballots for President and Vice

President, and the transmittal of the report of the vote of the presidential electors (the electoral college) to the seat of government of the United States. Section 3 is in identical language to that presently employed in the 12th amendment except for a minor grammatical change.

Section 4 relates to the counting of the electoral votes. Presently under the 12th amendment the person having the greatest number of votes for President, if a majority, is elected President, but if no person has such majority, the House of Representatives chooses the President by ballot from the three highest. Similarly the 12th amendment provides that the person having the greatest number of votes for Vice President, if a majority, is elected Vice President, but if no person has a majority, the Senate chooses the Vice President from the two highest. Instead of a majority of the votes cast, section 4 of the amendment submitted, however, would permit a person having the greatest number of votes, providing it be at least 40 percent of the whole number of electoral votes, to be elected President or Vice President as the case may be.

Section 4 would also provide for two contingencies. One, if on either the list of persons voted for as President or on the list of persons voted for as Vice President there are two candidates having the required percentage but are tied for electoral votes, then the Senate and House of Representatives in joint meeting would immediately by ballot choose one of them for President or Vice President, as the case may be. Second, if on either list no person shall have received the required 40 percent, then from the three highest on the list the Senate and House would in like manner choose the President and Vice President.

Under section 4 of the amendment submitted, when the choice devolves upon the Congress to select either a President or Vice President, the votes shall be taken by heads and not by States, and a majority of the combined authorized membership of the Senate and House shall be necessary to a choice. Since there are 435 Representatives and 96 Senators, or a combined total of 531,

this majority would be at least 266. This is actually a majority of the whole number of electors appointed and is the same majority numerically now required to elect under the present system. Presently, under the 12th amendment, when no candidate for President has received a majority of the vote of the whole number of electors, the House of Representatives ballots for President, their choice being confined to the persons not exceeding three who have received the highest electoral vote. The votes in the House are taken by States, the representation from each State having one vote. A quorum of the House for this purposes consists of a Member or Members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. The vote of at least 25 of the States is now required in case of such a contingency to elect the President. The vote of the delegation of each State is taken separately and the person receiving a majority of the votes given by the Representatives from the State receives the vote of that State. If the vote of the delegation is divided, the vote of the State does not count. (For election of President by the House, see Annals, 7th Cong., 1st sess., pp. 1010, 1022-1028 (1801); and after the 12th amendment, see Congressional Debates, vol. 1, 18th Cong., 2d sess., pp. 361-363, 515.) This method of choosing the President and Vice President by the House and Senate, would in effect be substituting Members of the House and Senate for the electoral college since numerically each group combined contains 531 Members. Such a method, eliminating voting by State and substituting a per capita vote, would eliminate the advantage now enjoyed by the smaller States when an election is thrown into the House. Section 5 of the amendment submitted is entirely new and reads as follows:

"SEC. 5. The legislature of each State may specify the places of holding elections for electors, prescribe the manner of voting, and provide for the appointment of proper persons to conduct such elections with authority to declare definitely the result thereof, but the Congress may by law make or alter such regulations. If the legislature of any

State fails to divide the State into districts as provided in this article, the Congress may lay off such State into districts for the election of electors."

This section applied to presidential electors is similar to present article I, section 4, clause 1 when applied to election of Senators and Representatives, but is more far reaching. The proposed section 5 would allow the States to specify the places of holding the elections for electors and prescribe the manner of voting. The States would also appoint the officials to conduct the elections and have authority to declare who was elected.

However, the power would be reserved to the Congress to make or alter any such regulations made by the States. Although the proposed article of amendment does not declare that presidential electors are Federal officers, the fact that their appointment or election is rather extensively regulated would indicate that they are to be considered Federal officers. See In re Green ((1890) 134 U. S. 377) holding that, presently, electors are not Federal officers.

In addition section 5, specifically stating that Congress has the power to divide a State into districts for election of electors upon failure of a State to so act, seems to be a mere restatement of a power Congress would automatically have upon adoptinon of the rest of the amendment. By way of analogy, Congress presently has the power to require that the States elect Representatives from districts (and it has at times exercised this power) or the Congress may actually do the dividing itself. This power is derived from section 4 of article I of the Constitution authorizing it to regulate the places and manner of holding elections for Representatives. Under clause 18, section 8, article I, Congress has the power to make all laws necessary and proper for carrying into execution the foregoing power. See 42 Harvard Law Review 1017, note 4, and Colegrove v. Green ((1945) 328 U. S. 549, 555).

The amendment submitted does not alter the present constitutional and statutory provisions relating to the time of choosing electors found in article II, section 1, clause 4 and 48 Statutes 879, codified 62 Statutes 672 as United States Code, section 1.

COMPARISON OF AMENDMENTS SUBMITTED WITH THE LODGE PROPOSAL (LODGE-GOSSETT) RESOLUTIONS AND THE PRESENT METHOD OF

AMENDMENT SUBMITTED

Retention of electoral college.

No change. Electoral votes retained and apportioned among the several States as under present method-number votes equal to one vote for each Senator and Representative in the Congress.

Office of elector retained.

For purpose of appointing (electing) electors 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 each district and 2 from the State at large.

QUALIFICATIONS OF VOTERS

Voters voting for electors in presidential election to have same qualifications the State prescribes for voting for members of legislature. The language conforms with amendment XVII providing for election of Senators and article I, section 2, providing for election of Representatives. However, in voting for district elector, voter must be inhabitant of particular district.

QUALIFICATIONS OF PRESIDENTIAL AND VICE PRESIDENTIAL ELECTORS

Same as at present. No United States Senator or Representative or person holding an office of trust or profit under the United States is eligible (art. II, sec. 1).

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DATE OF PRESIDENTIAL ELECTION

Tuesday after first Monday in November of every fourth even-numbered year, unless Congress determines otherwise.

CONDUCT OF ELECTION

The legislature of each State may specify the places of holding elections for electors, prescribe the manner of voting, and provide for the appointment of proper persons to conduct such elections with authority to declare definitively the result, but Congress may by law make or alter such regulations.

COUNTING OF VOTES CAST DIRECTLY BY THE PEOPLE FOR ELECTORS

Left to the States, but power reserved to Congress to change any method adopted by a State.

CASTING OF VOTE BY PRESIDENTIAL AND VICE PRESIDENTIAL ELECTORS

The provisions relating to meeting of the electors and casting of ballots for President and Vice President is identical in substance with the present provisions found in amendment XII.

DATE FOR COUNTING ELECTORAL VOTES IN

CONGRESS

The proposal is silent on this. Congress has fixed the time at 1 p. m. on January 6 following election of the electors (62 Stat. 672; 3 U. S. C. sec. 15).

Candidate receiving a plurality of the country's electoral votes would be declared elected, if the number he receives is at least 40 percent of the whole number of electors.

In case of a tie-there are two candidates who have 40 percent but an equal number of electoral votes-the Senate and House in joint meeting choose one of them.

Voting by the combined House and Senate for President, the vote is per capita, each Representative and Senator having one vote; a majority vote of the combined authorized memberships is necessary to elect.

Vice President elected at same time and in same manner as President.

In case of a tie for Vice President, the same procedure is followed as in case of a tie for President.

DATE OF PRESIDENTIAL ELECTION

Tuesday after first Monday in November of every fourth even-numbered year, unless Congress determines otherwise.

CONDUCT OF ELECTION

No provision except as to manner of making returns. Within 45 days after the election the official custodian of the election returns of each State makes lists of the names of and number of votes directly received by each candidate for President and Vice President. Lists thus prepared by the custodian are sent to the President of the Senate.

COUNTING OF VOTES CAST DIRECTLY BY THE PEOPLE FOR PRESIDENT AND VICE PRESIDENT The total vote for each candidate is certified by the State custodian to the President of the Senate, the votes are counted, as at present, upon being opened by the President of the Senate in the presence of the House and Senate. However, each person for whom votes were cast for President or Vice President, as the case may be, in each State is credited with such proportion of the electoral vote of that State as he received of the total popular vote in the State. In making computations, fractional numbers less than one one-thousandth are disregarded.

CASTING OF VOTE BY PRESIDENTIAL AND VICE PRESIDENTIAL ELECTORS

No provision, office of elector being abolished. The popular vote in each State is translated directly into electoral votes, each presidential and vice presidential candidate receiving electoral votes allotted, to the State in direct proportion to his popular vote within the State.

DATE FOR COUNTING ELECTORAL VOTES IN

CONGRESS

The proposal specifies January 6 following the election, unless Congress by law appoints a different day not earlier than the 4th day of January and not later than the 10th day of January. [This removes possibility of old Congress, and particularly one called in special session after election day, acting or otherwise making a determination before the new Congress could be sworn in.] (See Lucas amendment in H. Rept. 1858, 81st Cong., pp. 2-5, and CONGRESSIONAL RECORD, vol. 96, pp. 1152-1153.)

Candidate receiving a plurality of the country's electoral votes would be declared elected. A Senate amendment to the Lodge proposal, Senate Joint Resolution 2, 81st Congress, was adopted adding the requirement that successful candidate must receive at least 40 percent of the whole electoral vote. This amendment was incorporated in the Lodge proposal, Senate Joint Resolution 52, presented in the 82d Congress.

In case of a tie ("there are two or more candidates who have an equal and the highest number of votes") the one having the greatest popular vote is President (S. J. Res. 2, 81st Cong.).

Vice President elected at same time and in same manner as President.

In case of a tie for Vice President, the same provision applies as in case of a tie for President, to wit, the one having the greatest popular vote is Vice President.

DATE OF PRESIDENTIAL ELECTION

The time of choosing (appointing or electing) electors is determined by Congress (art. II, sec. 1). Congress has fixed the date as Tuesday after first Monday in November of every fourth even-numbered year (62 Stat. 672, 3 U. S. C., sec. 1).

CONDUCT OF ELECTION

Election not provided for, this being left to the States.

COUNTING OF VOTES CAST DIRECTLY BY THE PEOPLE FOR ELECTORS

Although the Constituion does not require that electors be elected by popular vote, such is the practice. By custom (State law) the elector or group of electors receiving a plurality is elected, depending upon arrangement of the ballot and method of voting adopted by the particular State.

CASTING OF VOTE BY PRESIDENTIAL AND VICE PRESIDENTIAL ELECTORS

The electors meet in their respective States and each elector votes by ballot for 1 person for President and 1 person for Vice President (amendment XII). Congress may determine the day the electors give their votes but the day must be uniform throughout 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. sec. 7).

DATE FOR COUNTING ELECTORAL VOTES IN

CONGRESS

Not fixed by the Constitution. Congress has fixed the time at 1 p. m. on January 6 following election of electors. Under amendment XX terms of Members of old Congress end and terms of Members of new Congress begin on January 3.

Candidate receiving greatest number of votes for President if a majority of the country's electoral votes, is declared elected President.

In case of a tie-or if no candidate has a majority-the House of Representatives chooses the President by ballot from the 3 candidates having the highest electoral vote.

In voting by the House for President, the vote is by States, each State having one vote; a quorum consists of a member or members from two-thirds of the States with a majority vote (25) of all States necessary to elect.

Candidate receiving greatest number of 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 or if no candidate has a majority-the Senate chooses the Vice President; a quorum consists of two-thirds of the whole number of Senators with a majority of the whole number necessary to elect.

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