Continuity of Government Commission

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.

Recommendations

In 2003 the Commission published its first report, which dealt with the death or incapacitation of several members of Congress 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.^[1] The Commission's recommendations were based on already existing state constitutional provisions which allow for succession of state legislators.^[2]

In 2009, its second report recommended amending the rules for succession to the presidency,^[3] 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.^[4]

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).^[5]

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 Cutler, 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.^[1]

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.^[6]

References

1. ^ ^{a b} Clymer, Adam. "THREATS AND RESPONSES: CONGRESS; Panel Calls for Amendment to Fill House Seats in Emergency", The New York Times, June 6, 2003. Accessed October 12, 2009.
2. ^ Eric R. Daleo, State Constitutions and Legislative Continuity in a 9/11 World: Surviving an Enemy Attack, 58 DePaul L. Rev. 919 (2009). Accessed May 23, 2011.
3. ^ "Presidential Succession", Continuity of Government Commission, June 2009. Accessed October 13, 2009.
4. ^ "Continuity of Congress: Where We Are Eight Years After 9/11."
5. ^ Homepage, Continuity of Government Commission, June 2009. Accessed October 13, 2009.
6. ^ Nicholson, Brendan. "Government plans bomb-proof bunker for MPs", The Age, February 18, 2005. Accessed October 12, 2009.

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