Acting President of The United States - Presidential Disability Before 1967

Presidential Disability Before 1967

The possibility of installing an acting president was informally discussed several times prior to the ratification of the 25th Amendment, but in nearly every case the Vice President (or the next in the line of succession) did not act, most likely because there was no formal process established for doing so.

Some constitutional scholars believe that Tyler's actions in succeeding Harrison as President directly conflicted with the provisions of the 12th Amendment, adopted in 1804, which reads in part:

And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. (Emphasis added.)

This clause proved vague, in that it was unclear what qualified as a "constitutional disability". The amendment is describing Presidential elections, and the duty of the House of Representatives in choosing a President when the Electoral College is deadlocked. The clause assumes a Vice-Presidential candidate has cleared all electoral hurdles and can carry out the duties of the President until the House can select a full-term President per its Constitutional requirements. Because someone presumably could claim constitutional priority to the presidency over the Vice President in this scenario, the Vice President logically could not assume the full Presidency. "Constitutional disability" in this context could describe either the potential President's failure to meet the eligibility requirements of the office or his not having completed his electoral affirmation by Congress.

Because President Harrison was dead, Tyler could not lose his constitutional authority to act as President other than through his own death or incapacity, and therefore the assumption of the full title of President was simply a matter of semantics. When the 20th Amendment was ratified in 1933, section 3 superseded the above-quoted portion of the 12th Amendment but did nothing to clarify what qualified as a "constitutional disability":

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Despite ratification of these amendments, the death, resignation, or removal from office of the President remained the only means by which a Vice President could discharge the powers and duties of the office. The amendments' provisions remained untested in over a dozen instances in which a President's health or other considerations might have made it prudent to have the Vice President act as President, including these:

• During May 1790, when President George Washington was temporarily debilitated by severe influenza. Many thought Washington would die; but neither he, nor Vice President John Adams, nor the Senate attempted to invoke any effort to install Adams as acting president temporarily, because there was no provision for such action.
• For several weeks in 1813, when President James Madison suffered from a high fever and delirium. During this time some believed that he had become deranged and could not carry out his responsibilities, which was especially troublesome in the midst of the War of 1812. Despite the intensive military operations, apparently no serious thought was given stripping Madison of his powers and duties temporarily, perhaps partly because his Vice President, Elbridge Gerry, also was in poor health and nearing age 70.
• During early 1818, when President James Monroe was temporarily incapacitated with malaria. Monroe recovered, and transferring power to Vice President Daniel D. Tompkins was again never considered.
• On March 4, 1849 President-elect Zachary Taylor was to be inaugurated, but he refused because it was a Sunday and he wished not to break the Sabbath. Because of this, some have argued that neither Taylor nor his Vice President Millard Fillmore had any legal authority as President. They go on to argue that, because the previous President's term had expired at noon, President pro tempore of the Senate David Rice Atchison was acting president for the day. Historians and Constitutional scholars heavily dispute both claims.
• During the 1868 impeachment trial of President Andrew Johnson. Though he was ultimately acquitted, some argue he should not have been permitted to exercise his constitutional authorities during the trial. With the Vice Presidency vacant during the trial, the person next in line was Senate President pro tempore Benjamin Franklin Wade. Because Wade was one of those who sat in judgment of Johnson, a declaration of disability could have been seen as akin to an outright coup d'état by Congress, and consequently was never considered.
• During the summer of 1881, after the July 2 shooting of President James A. Garfield by Charles J. Guiteau. Though Garfield lived 80 days after the shooting, he spent most of this time heavily sedated and was incapable of discharging presidential duties. Despite a widespread belief that Vice President Chester A. Arthur was a puppet of the Stalwart factions of the Republican Party, and particularly New York Senator Roscoe Conkling, Garfield's cabinet at least informally discussed scenarios under which Arthur could act as President. Again, however, there being no apparatus in place and no precedent, nothing came of it.
• In 1884–1885, when Garfield's successor, Chester A. Arthur, was suffering the effects of the Bright's disease that would take his life less than two years after he left office. As had been the case with Andrew Johnson before him, there was no Vice President in place to succeed, and no procedure for allowing anyone to act as President if Arthur had become totally disabled.
• On June 13 and July 17, 1893, respectively, when President Grover Cleveland underwent two operations to remove and repair damage from a cancerous tumor from his upper jaw. The operation was kept secret until 1918, well after Cleveland's death; and any plans related to his potential long-term disability, if there were any, were not documented.
• During September 1901, after Leon Czolgosz's shooting, on the 6th, in Buffalo, New York, of President William McKinley, Vice President Theodore Roosevelt was summoned to Buffalo, but no action was taken to permit him to discharge McKinley's duties during his final days.
• During May 1909, when President William Howard Taft simultaneously had influenza and suffered a family tragedy (his wife had suffered a stroke). It would have been widely considered acceptable for a President to transfer power temporarily because of grief caused by an illness not his own.
• President Woodrow Wilson suffered a slight stroke on September 25, 1919. On October 2, he had a massive stroke, which left him partly paralyzed and completely incapacitated. Rather than transfer Presidential authority to Vice President Thomas R. Marshall, Wilson's condition was hidden (to the extent that he was physically isolated) from the Vice President, the Cabinet, Congress, and the public for most of the remainder of his second term. Many believe that First Lady Edith Bolling Galt Wilson was the de facto President, because she controlled access to Wilson and spoke on his behalf.
• From late 1943 until President Franklin D. Roosevelt's death on April 12, 1945. Roosevelt reportedly suffered from various life-threatening ailments, including malignant melanoma, hypertensive cardiomyopathy, severe high blood pressure, congestive heart failure, and stroke-related symptoms (to which he eventually succumbed). Henry A. Wallace, his Vice President for most of this period, was largely regarded by many governmental and Democratic insiders as too close to the Soviet Union and potentially a Communist sympathizer, so that moving him in to any sort of Acting Presidency or co-Presidency was never seriously considered. Also, it was considered necessary for national security during World War II not to show weakness to America's enemies. When Harry S. Truman became Vice President in January 1945, he also was kept unaware of Roosevelt's condition.
• During the mid-point of Dwight D. Eisenhower's presidency, there were three instances in which the President was disabled. The first occurred in September 1955, when Eisenhower suffered a heart attack while on vacation. On June 8, 1956, he was hospitalized for a bowel obstruction that ultimately required surgery and incapacitated him for six days. On November 25, 1957, Eisenhower suffered a mild stroke, which caused him to be hospitalized for three days. In each case, Vice President Richard Nixon did carry out some of Eisenhower's informal presidential responsibilities, but full presidential authority (such as signing bills into law, for example) remained solely with Eisenhower.
• In 1965, President Lyndon B. Johnson had a gallbladder operation. During the surgery and recovery, there was no move to have Vice President Hubert Humphrey assume presidential powers and duties.