The Presidential Succession Act at 75 | Problems with the Legislative Succession Provisions of the Presidential Succession Act of 1947

These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed whether reform to the statute is needed. In these remarks, Dr. Norm J. Ornstein, a Senior Fellow Emeritus at the American Enterprise Institute and Advisor to the Continuity of Government Commission, outlines constitutional and policy objections to the Presidential Succession Act of 1947’s designation of lawmakers—the Speaker of the House and Senate president pro tempore—as the first two successors to the presidency after the vice president

Towards a unification of HRT and SCOZA

The Hierarchical Reference Theory (HRT) and the Self-Consistent Ornstein-Zernike Approximation (SCOZA) are two liquid state theories that both furnish a largely satisfactory description of the critical region as well as phase separation and the equation of state in general. Furthermore, there are a number of similarities that suggest the possibility of a unification of both theories. As a first step towards this goal we consider the problem of combining the lowest order gamma expansion result for the incorporation of a Fourier component of the interaction with the requirement of consistency between internal and free energies, leaving aside the compressibility relation. For simplicity we restrict ourselves to a simplified lattice gas that is expected to display the same qualitative behavior as more elaborate models. It turns out that the analytically tractable Mean Spherical Approximation is a solution to this problem, as are several of its generalizations. Analysis of the characteristic equations shows the potential for a practical scheme and yields necessary conditions any closure to the Ornstein Zernike relation must fulfill for the consistency problem to be well posed and to have a unique differentiable solution. These criteria are expected to remain valid for more general discrete and continuous systems, even if consistency with the compressibility route is also enforced where possible explicit solutions will require numerical evaluations.Comment: Minor changes in accordance with referee comment

Mapping a Homopolymer onto a Model Fluid

We describe a linear homopolymer using a Grand Canonical ensemble formalism, a statistical representation that is very convenient for formal manipulations. We investigate the properties of a system where only next neighbor interactions and an external, confining, field are present, and then show how a general pair interaction can be introduced perturbatively, making use of a Mayer expansion. Through a diagrammatic analysis, we shall show how constitutive equations derived for the polymeric system are equivalent to the Ornstein-Zernike and P.Y. equations for a simple fluid, and find the implications of such a mapping for the simple situation of Van der Waals mean field model for the fluid.Comment: 12 pages, 3 figure

Ion structure in warm dense matter: benchmarking solutions of hypernetted-chain equations by first-principle simulations

We investigate the microscopic structure of strongly coupled ions in warm dense matter using ab initio simulations and hypernetted chain (HNC) equations. We demonstrate that an approximate treatment of quantum effects by weak pseudopotentials fails to describe the highly degenerate electrons in warm dense matter correctly. However, one-component HNC calculations for the ions agree well with first-principles simulations if a linearly screened Coulomb potential is used. These HNC results can be further improved by adding a short-range repulsion that accounts for bound electrons. Examples are given for recently studied light elements, lithium and beryllium, and for aluminum where the extra short-range repulsion is essential

SCOZA for Monolayer Films

We show the way in which the self-consistent Ornstein-Zernike approach (SCOZA) to obtaining structure factors and thermodynamics for Hamiltonian models can best be applied to two-dimensional systems such as thin films. We use the nearest-neighbor lattice gas on a square lattice as an illustrative example.Comment: 10 pages, 5 figure

The Absentee Ballot and the Secret Ballot: Challenges for Election Reform

Reforms in the recently enacted federal election reform legislation primarily address improving voting at a polling place, but there is a growing share of the electorate who vote away from the polling place through increased use of absentee ballots and vote-by-mail systems. Voters who vote away from the polling place do not have the same protections as those at the polling place. In particular, these voters do not have a secret ballot, as any ballot cast without a drawn curtain behind oneself is potentially subject to coercion, vote buying and fraud. This Article looks at the tension between the Australian Ballot and absentee voting. Both the Australian Ballot and the Absentee Ballot were electoral reforms of previous generations. The Australian Ballot was instituted by almost all of the states in the 1880s and 90s to combat abuses at the ballot box such as vote buying and coercion by party machines. There were two major periods of absentee ballot reform. In both periods of absentee ballot reform, there was recognition of the dangers of casting a ballot away from a home polling place. Since these early periods of adoption of absentee voting laws, there has been a significant rise in voting away from the polling place. In addition, many of the safeguards implemented by early legislation have been repealed. There are a number of advocates for easier absentee balloting, vote by mail, or even voting over the Internet. Although they emphasize the convenience of such measures, these advocates do not seem to appreciate the privacy concerns that the originators of the absentee ballot did. 7b the extent that election reform legislation is to be successful in improving the electoral system, it must take note of the trend toward voting away from the polling place and consider the importance of the secret ballot as well as convenience

The Continuity of Congress

The Continuity of Government Commission was originally formed after 9/11 to address how our key institutions can reconstitute themselves after a catastrophic attack. A new version of the commission, including previous members and new ones, who have experience in all three branches of government, met in 2021 and 2022 to consider continuity-of-government issues in light of the recent pandemic and other developments. In this report, the commission issues its recommendations on the continuity of Congress.The core continuity problem for Congress is that if many members of the House of Representatives were killed in an attack or other catastrophe, the House would likely have no quorum and be unable to meet for months after the event. Unlike the Senate, the House can fill its vacancies only by special election, and those elections are likely to take months to conduct.The key recommendation is for a constitutional amendment to allow for temporary replacements to be appointed to fill the seats of deceased members until special elections are held to elect a permanent replacement. With immediate successors to fill the seats of deceased members of Congress, a Congress with nearly full representation could be reconstituted within days to work with the president to face the challenges of the present emergency.The commission makes several other recommendations that deal with other continuity-of-Congress issues:Creating a limited provision for allowing remote proceedings when members of Congress cannot meet in person in Washington,Allowing temporary replacement members to fill in for incapacitated members in the extreme case when deceased and incapacitated members number more than a majority of the House or Senate, andAdopting procedures to ensure that a new Congress could commence, perhaps even remotely, if a catastrophic emergency prevented the regular opening of a new Congress

Continuity of Government: Presidential Succession

Questions about the continuity of our key institu­tions have arisen at pivotal moments through­out our nation's history. Watershed events such as the Cold War, the death of President Franklin D. Roos­evelt, and the assassination of President John F. Ken­nedy brought continuity-of-government issues into sharp public relief. Ultimately, these events led to sig­nificant reforms, including the 25th Amendment and a new Presidential Succession Act.A decade after the fall of the Soviet Union, the 9/11 attacks forced continuity issues back into the public consciousness. One result was the creation of the first Continuity of Government Commission, the predecessor to the current commission. More than two decades after 9/11, we still have to ask ourselves, Do we have the legal and constitutional framework in place to ensure that our key institutions of govern­ment could recover from a catastrophic event?America has in place legal and constitutional pro­visions that address presidential succession. These provisions serve us well in the straightforward case of a president's death while in office. However, the cur­rent system does not adequately address less straight­forward scenarios, such as a mass attack on multiple people in the line of succession, the simultaneous incapacity of the president and vice president, and unique succession issues that could arise between Election Day and Inauguration Day.In this report, the Continuity of Government Com­mission recommends several changes to the Presiden­tial Succession Act that address these vulnerabilities. These recommendations would not require constitu­tional amendments; they are achievable through sim­ple legislative changes

Design of a geodetic database and associated tools for monitoring rock-slope movements: the example of the top of Randa rockfall scar

International audienceThe need for monitoring slope movements increases with the increasing need for new areas to inhabit and new land management requirements. Rock-slope monitoring implies the use of a database, but also the use of other tools to facilitate the analysis of movements. The experience and the philosophy of monitoring the top of the Randa rockfall scar which is sliding down into the valley near Randa village in Switzerland are presented. The database includes data correction tools, display facilities and information about benchmarks. Tools for analysing the movement acceleration and spatial changes and forecasting movement are also presented. Using the database and its tools it was possible to discriminate errors from critical slope movement. This demonstrates the efficiency of these tools in monitoring the Randa scar