The Presidential Succession Act at 75 | Proposals to Reform the 1947 Act and How Reform Could Be Effectuated

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. John C. Fortier, a Senior Fellow at the American Enterprise Institute and the Executive Director of the Continuity of Government Commission, discusses possible reforms to the Presidential Succession Act of 1947 and some of the challenges of accomplishing reform

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

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

Lessons Learned From the 2020 Election

The 2020 primaries and presidential election took place against the backdrop of the COVID-19 pandemic, which necessitated changes to how states planned and held their elections, and how they protected voters, poll workers, and administrators.From political and institutional battles over procedural changes, to record-high turnout levels, administering elections in 2020 proved to be a series of anticipated — and unanticipated — challenges. Surges in voting by mail meant many states were breaking new ground; maintaining access to in-person voting also proved uniquely challenging during a global pandemic. Our new report looks at how well the challenges of 2020 were met, from the first primary election to the last vote counted. It also examines the technologies employed, the costs involved in running elections, and the confidence voters ultimately had in the results

Improving the Voter Experience: Reducing Polling Place Wait Times by Measuring Lines and Managing Polling Place Resources

Long lines at the polls can undermine the voting experience, even to the point of discouraging people from voting. Reducing polling place wait times by measuring lines and managing polling place resources can improve the voting experience

The New Realities of Voting by Mail in 2016

The vote-by-mail process can be more convenient for voters who are unable or unwilling to contend with lines at polling places on Election Day. However, voting by mail is not a voting option without risk. Outdated laws, new administrative policies, and the realities of the political process today introduce obstacles voters may not be aware of. Without recognizing that voting by mail in 2016 is very different than in years past, voters are more likely to unwittingly disenfranchise themselves

Vertical distribution of fish larvae in the Canaries-African coastal transition zone, in summer

13 pages, 6 figures, 2 tables.-- Printed version published Jul 2006.This study reports the vertical distribution of fish larvae during the 1999 summer upwelling season in the Canaries-African Coastal Transition Zone (the Canaries-ACTZ). The transition between the African coastal upwelling and the typical subtropical offshore conditions is a region of intense mesoscale activity that supports a larval fish population dominated by African neritic species. During the study, the thermal stratification extended almost to the surface everywhere, and the surface mixed layer was typically shallow or non-existent. Upwelling occurred on the African shelf in a limited coastal sub-area of our sampling. The vertical distributions of the entire larval fish population, as well as of individual species, were independent of the seasonal thermocline. Fish larvae and mesozooplankton were concentrated at intermediate depths regardless of the thermocline position, probably because of its weak signature and spatial and temporal variability. Day/night vertical distributions suggest that some species did not perform diel vertical migration (DVM), whereas others showed either type I DVM or type II DVM. The opposing DVM patterns of different species compensate for each other resulting in no net DVM for the larval fish population as a whole.Fieldwork was carried out as part of the CANIGO project, funded by the EU, and of the "Pelagic (EU-CICYT 1FD97-1084)" project from the Spanish Ministry of Education and the European Union

Single-cell discovery and multiomic characterization of therapeutic targets in multiple myeloma

UNLABELLED: Multiple myeloma (MM) is a highly refractory hematologic cancer. Targeted immunotherapy has shown promise in MM but remains hindered by the challenge of identifying specific yet broadly representative tumor markers. We analyzed 53 bone marrow (BM) aspirates from 41 MM patients using an unbiased, high-throughput pipeline for therapeutic target discovery via single-cell transcriptomic profiling, yielding 38 MM marker genes encoding cell-surface proteins and 15 encoding intracellular proteins. Of these, 20 candidate genes were highlighted that are not yet under clinical study, 11 of which were previously uncharacterized as therapeutic targets. The findings were cross-validated using bulk RNA sequencing, flow cytometry, and proteomic mass spectrometry of MM cell lines and patient BM, demonstrating high overall concordance across data types. Independent discovery using bulk RNA sequencing reiterated top candidates, further affirming the ability of single-cell transcriptomics to accurately capture marker expression despite limitations in sample size or sequencing depth. Target dynamics and heterogeneity were further examined using both transcriptomic and immuno-imaging methods. In summary, this study presents a robust and broadly applicable strategy for identifying tumor markers to better inform the development of targeted cancer therapy. SIGNIFICANCE: Single-cell transcriptomic profiling and multiomic cross-validation to uncover therapeutic targets identifies 38 myeloma marker genes, including 11 transcribing surface proteins with previously uncharacterized potential for targeted antitumor therapy

Are Good Intentions Good Enough?: Informed Consent Without Trained Interpreters

OBJECTIVE: To examine the informed consent process when trained language interpreters are unavailable. BACKGROUND: Ensuring sufficient patient understanding for informed consent is especially challenging for patients with Limited English Proficiency (LEP). While US law requires provision of competent translation for LEP patients, such services are commonly unavailable. DESIGN AND PARTICIPANTS: Qualitative data was collected in 8 prenatal genetics clinics in Texas, including interviews and observations with 16 clinicians, and 30 Latina patients. Using content analysis techniques, we examined whether the basic criteria for informed consent (voluntariness, discussion of alternatives, adequate information, and competence) were evident for each of these patients, contrasting LEP patients with patients not needing an interpreter. We present case examples of difficulties related to each of these criteria, and compare informed consent scores for consultations requiring interpretation and those which did not. RESULTS: We describe multiple communication problems related to the use of untrained interpreters, or reliance on clinicians’ own limited Spanish. These LEP patients appear to be consistently disadvantaged in each of the criteria we examined, and informed consent scores were notably lower for consultations which occurred across a language barrier. CONCLUSIONS: In the absence of adequate Spanish interpretation, it was uncertain whether these LEP patients were provided the quality and content of information needed to assure that they are genuinely informed. We offer some low-cost practice suggestions that might mitigate these problems, and improve the quality of language interpretation, which is essential to assuring informed choice in health care for LEP patients