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RD TERM FOR PRESIDENT OF THE UNITED STATES

HEARINGS

BEFORE A

SUBCOMMITTEE OF THE
OMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

SEVENTY-SIXTH CONGRESS

THIRD SESSION

ON

S. J. Res. 15

DINT RESOLUTION PROPOSING AN AMENDMENT
TO THE CONSTITUTION OF THE T'NITED
STATES RELATING TO THE TERM
OF OFFICE OF PRESIDENT

AND

S. J. Res. 289

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JOINT RESOLUTION PROPOSING AN AMENDMENT
TO THE CONSTITUTION OF THE UNITED STATES.
RELATIVE TO TERMS OF THE PRESI-

DENT OF THE UNITED STATES

SEPTEMBER 4 TO OCTOBER 30, 1940

Printed for the use of the Committee on the Judiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1940

COMMITTEE ON THE JUDICIARY

HENRY F. ASHURST, Arizona, Chairman WILLIAM H. KING, Utah

GEORGE W. NORRIS, Nebraska M. M. NEELY, West Virginia

WARREN R. AUSTIN, Vermont PAT MCCARRAN, Nevada

JOHN A. DANAHER, Connecticut FREDERICK VAN NUYS, Indiana

ALEXANDER WILEY, Wisconsin CARL A. HATCH, New Mexico

ROBERT A. TAFT, Ohio
EDWARD R, BURKE, Nebraska
KEY PITTMAN, Nevada
TOM CONNALLY, Texas
JOSEPH C, O'MAHONEY, Wyoming
JAMES H. HUGHES, Delaware
JOHN E. MILLER, Arkansas
A. B. CHANDLER, Kentucky

SUBCOMMITTEE ON S. J. Res. 15 AND S. J. Res. 289

EDWARD R, BURKE, Nebraska, Chairman FREDERICK VAN NUYS, Indiana

WARREN R. AUSTIN, Vermont TOM CONNALLY, Texas

ALEXANDER WILEY, Wisconsin

U

CONTENTS

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Senate Joint Resolution No. 15.--

Senate Joint Resolution No. 289...

Statements of-

Adams, James Truslow----
Archer, Gleason L., president, Suffolk University, Boston, Mass.-
Barclay, Hartley W., Conover Mast Publications, New York, N. Y..
Cleveland, Richard F., son of former President Cleveland...
Colby, Bainbridge, former Secretary of State...
Coolidge, Thomas Jefferson, Boston, Mass..
Coudert, Frederic R., lawyer, New York, N. Y.
Creighton, J. W., president Hastings College, Hastings, Nebr.
Daniel, Hawthorne, author.-----
Davis, Jefferson Hayes, Chicago, son of former president of Confed-

eracy -----

Davis, John W., former democratic candidate for President

Dodd, Walter F., Chicago

Eddy, William Alfred, Geneva, N. Y.

Glass, Senator Carter (letter to Senator Burke)

Graebner, Theodore, Concordia Seminary, St. Louis, Mo.

Hughes, Bishop Edwin H., Methodist Episcopal Church

Hand, Clarence J., lawyer, New York, N. Y ----

James, L. L. Tyler, Tex --

La Farge, Rev. John, National Catholic Weekly

Lee, Edward T., dean, John Marshall Law School, Chicago

Leib, Joseph J., Washington, D. C..

Leonard, Bishop A. W., Methodist Episcopal Church, Washington,

D. C.---

Levinson, Salmon 0., Chicago

Lewis, William Mather, president, La Fayette College

Masterson, William E., Temple University, Philadelphia, Pa...

McCormick, Vance C., former chairman, Democratic National Com-

mittee.--

McDowell, William Strite, Detroit, Mich.

McLean, Donald H., Representative in Congress from the State of

New Jersey ---------

McSparran, John E., former master, Pennsylvania State Grange ---

Nelson, Lawrence E., Utah State senator.--

Peale, Rev. Norman Vincent, Marble Collegiate Church, New York,

N. Y---------

Perry, George G., former Governor of Virginia ...

Peters, Paul O., Citizens' Nonpartisan Committee, St. Louis, Mo..

Pettengill, Samuel B., former Representative from Indiana

Robnett, George W., Church League of America, Chicago

Schurman, Jacob Gould, former Ambassador to Germany

Siegelstein, Bennett E., lawyer, New York, N. Y.

Sizoo, Rev. Joseph R., St. Nicholas Collegiate Church, New York,

N. Y

Smith, Young B., dean, Columbia Law School...
Spence, Paulsen, manufacturer, Walden, N. Y.--
Stuber, Stanley I., editor, United States Baptist, Clifton Springs, N. Y
Villard, Oswald Garrison, New York, N. Y.
Voight, John F., lawyer, Chicago. ----
Washington, Mrs. Irene Tinsley, Virginia -----
West, Mrs. Mabel Jones, Birmingham, Ala ----
Williams, Nathan Boone, Washington, D. C.-

Wilkinson, Ignatius M., Fordham College of Law
Letter, Senator Burke to Senator Norris.
Letter, Senator Burke to Secretary Ickes---

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278

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125

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IITI

THIRD TERM FOR PRESIDENT

WEDNESDAY, SEPTEMBER 4, 1940

UNITED STATES SENATE,
SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C. The subcommittee met at 10:30 o'clock, pursuant to the call of the • chairman, in the caucus room of the Senate Office Building, Senator Edward R. Burke, chairman, presiding.

Present: Senators Burke (chairman), Van Nuys, Austin, and Wiley.

(The subcommittee had under consideration S. J. Res. 15 and S. J. Res. 289, which are as follows:)

[S. J. Res. 15, 76th Cong., 1st sess.) JOINT RESOLUTION Proposing an amendment to the Constitution of the United States

relating to the term of office of President

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution, in lieu of those provisions of article II, section I, which relate to the term of office and election of President.

"ARTICLE

"SECTION 1. The term of the office of each President elected after the date of this section takes effect shall be six years; and no person who shall be elected to the office of President, or who shall exercise the duties of the office by succession, after the date this section takes effect, shall be eligible for reelection.

"SEC. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress."

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JOINT RESOLUTION Proposing an amendment to the Constitution of the United States,

relative to terms of the President of the United States

Whereas the present course of world dictatorships jeopardizes the democratic

processes of governments; and Whereas the tenets of democracy are likely to be endangered through the con

tinuance of one man in the highest executive office of the United States : Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (turo-thirds of each House concurring therein), That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of · the several States :

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