Continuity of Government Commission
Encyclopedia
The Continuity of Government Commission is a think tank
set up in 2002 to recommend improvements on the constitutional and statutory provisions for the continuity of government
in the United States
. It was set up by the American Enterprise Institute
(AEI) and the Brookings Institution
following the September 11, 2001 terrorist attacks. Former presidents Jimmy Carter
and Gerald Ford
served as its honorary co-chairmen.
in the event of a terrorist attack. It recommended a constitutional amendment
to allow Congress to legislate for the temporary appointment of members of both houses of Congress in case a large number of members were either killed or rendered unable to perform their duties. The United States Senate
already is covered by measures that allow replacements to be readily made to fill vacancies. The commission warned that it takes an average of four months to stage the special election needed to fill a vacancy in the United States House of Representatives
, which meant that an attack on members of the House could kill or incapacitate so many members of the body that it would not be able to operate at all and might appear illegitimate if it did so. A major attack could mean that Congress would have to confirm a Vice President or fill a vacancy on the Supreme Court of the United States
without the needed quorum to perform its obligations. The Commission's recommendations were based on already existing state constitutional provisions which allow for succession of state legislators.
In 2009, its second report recommended amending the rules for succession to the presidency
, by removing members of Congress from the line of succession, and including people who do not normally reside in Washington, D.C.
in case of a catastrophic attack on the city.
Also in 2009 the Commission published a "mini-report" summarising its First Report, and criticising as inadequate legislation enacted by Congress in 2005 to deal with the event of a catastrophic attack on Congress.
Its third full report will deal with measures to keep the Supreme Court in operation in the event that its membership falls below a quorum
(that is, fewer than six justices).
, Kenneth M. Duberstein, Charles Fried
, Newt Gingrich
, Jamie S. Gorelick, Nicholas Katzenbach
, Lynn Martin
, Kweisi Mfume
, Robert H. Michel
, Leon E. Panetta, Donna E. Shalala and Alan K. Simpson
.
Think tank
A think tank is an organization that conducts research and engages in advocacy in areas such as social policy, political strategy, economics, military, and technology issues. Most think tanks are non-profit organizations, which some countries such as the United States and Canada provide with tax...
set up in 2002 to recommend improvements on the constitutional and statutory provisions for the continuity of government
Continuity of government
Continuity of government is the principle of establishing defined procedures that allow a government to continue its essential operations in case of nuclear war or other catastrophic event....
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. It was set up by the American Enterprise Institute
American Enterprise Institute
The American Enterprise Institute for Public Policy Research is a conservative think tank founded in 1943. Its stated mission is "to defend the principles and improve the institutions of American freedom and democratic capitalism—limited government, private enterprise, individual liberty and...
(AEI) and the Brookings Institution
Brookings Institution
The Brookings Institution is a nonprofit public policy organization based in Washington, D.C., in the United States. One of Washington's oldest think tanks, Brookings conducts research and education in the social sciences, primarily in economics, metropolitan policy, governance, foreign policy, and...
following the September 11, 2001 terrorist attacks. Former presidents Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
and Gerald Ford
Gerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
served as its honorary co-chairmen.
Recommendations
In 2003 the Commission published its first report, which dealt with the death or incapacitation of several members of CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in the event of a terrorist attack. It recommended a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to allow Congress to legislate for the temporary appointment of members of both houses of Congress in case a large number of members were either killed or rendered unable to perform their duties. The United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
already is covered by measures that allow replacements to be readily made to fill vacancies. The commission warned that it takes an average of four months to stage the special election needed to fill a vacancy in the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, which meant that an attack on members of the House could kill or incapacitate so many members of the body that it would not be able to operate at all and might appear illegitimate if it did so. A major attack could mean that Congress would have to confirm a Vice President or fill a vacancy on the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
without the needed quorum to perform its obligations. The Commission's recommendations were based on already existing state constitutional provisions which allow for succession of state legislators.
In 2009, its second report recommended amending the rules for succession to the presidency
United States presidential line of succession
The United States presidential line of succession defines who may become or act as President of the United States upon the incapacity, death, resignation, or removal from office of a sitting president or a president-elect.- Current order :This is a list of the current presidential line of...
, by removing members of Congress from the line of succession, and including people who do not normally reside in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
in case of a catastrophic attack on the city.
Also in 2009 the Commission published a "mini-report" summarising its First Report, and criticising as inadequate legislation enacted by Congress in 2005 to deal with the event of a catastrophic attack on Congress.
Its third full report will deal with measures to keep the Supreme Court in operation in the event that its membership falls below a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
(that is, fewer than six justices).
Members
In addition to former presidents Jimmy Carter and Gerald Ford serving as the commissions honorary co-chairmen, other members have included former elected officials, academics, cabinet officials and senior policy advisors such as Philip Chase Bobbitt, Lloyd CutlerLloyd Cutler
Lloyd Norton Cutler was an American attorney, who served as White House Counsel during the Democratic administrations of Presidents Carter and Clinton. He was also the trainer of the former Vice President of the European Parliament and current Minister of Foreign Affairs of Greece, M.P...
, Kenneth M. Duberstein, Charles Fried
Charles Fried
Charles Fried is a prominent American jurist and lawyer. He served as United States Solicitor General from 1985 to 1989. He is currently a professor at Harvard Law School.-Early life and education:...
, Newt Gingrich
Newt Gingrich
Newton Leroy "Newt" Gingrich is a U.S. Republican Party politician who served as the House Minority Whip from 1989 to 1995 and as the 58th Speaker of the U.S. House of Representatives from 1995 to 1999....
, Jamie S. Gorelick, Nicholas Katzenbach
Nicholas Katzenbach
Nicholas deBelleville Katzenbach is an American lawyer who served as United States Attorney General during the Lyndon B. Johnson administration.-Early life:...
, Lynn Martin
Lynn Martin
Lynn Martin may refer to:*Lynn Martin , U.S. TV writer*Lynn Morley Martin , U.S. politician...
, Kweisi Mfume
Kweisi Mfume
Kweisi Mfume is the former President/CEO of the National Association for the Advancement of Colored People , as well as a five-term Democratic Congressman from Maryland's 7th congressional district, serving in the 100th through 104th Congress...
, Robert H. Michel
Robert H. Michel
Robert Henry "Bob" Michel is an American Republican Party politician who was a member of the United States House of Representatives for 38 years. He represented central Illinois' 18th congressional district, and was the GOP leader in Congress, serving as Minority Leader for 14 years during an era...
, Leon E. Panetta, Donna E. Shalala and Alan K. Simpson
Alan K. Simpson
Alan Kooi Simpson is an American politician who served from 1979 to 1997 as a United States Senator from Wyoming as a member of the Republican Party. His father, Milward L. Simpson, was also a member of the U.S...
.
Influence in other countries
Having reviewed the commission's 2003 recommendations, the Australian government released plans in 2005 under which MPs who survived an attack would be moved to a secure bunker that would allow them to maintain the functions of government, and also addressed the issues of mass vacancies caused by such an attack.External links
- Commission website
- First report, "The Continuity of Congress," May 2003
- Second report, "Presidential Succession," June 2009
- Mini report, "Continuity of Congress: Where We Are Eight Years After 9/11," 2009