承接總統職務 Assuming the Presidency
年輕的韋布斯特從華盛頓連夜趕來、告訴副總統泰勒、哈里森總統已於昨日死於肺炎這個不幸的消息,泰勒即時出發前往華盛頓,只看到意圖爭奪權位的輝格黨人、為了總統和其他重要職務發生爭執。
哈里森是第一位死於任期之內的美國總統,在憲法中並未明確提及遇到這種狀況時該如何處置,憲法中僅提及:「若總統一職生變,或因為總統死亡、辭職或無法執行總統職權時,應轉由副總統行使其相同職權…」。
但條文中所指之「相同職權」並未明確定義,是否意指新任總統可以在未經選舉洗禮的情況下、就能行使總統職務範圍內所有的職權?泰勒在這個狀況下如何因應?
Young Webster had traveled all night from Washington to tell Vice President Tyler that President Harrison had died the day before from pneumonia. Tyler headed to Washington immediately, only to find the same Whig power-seekers battling over offices and positions.
Harrison was the first president to die in office in the history of the nation, and there was nothing in the Constitution that clearly spoke about this situation. It simply said: "In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on [fall to] the Vice President. . . ."
But what "the same" meant was unclear. Did it mean the new president was free to exercise the same authority as if he had been elected to the presidency? In this new situation, what did Tyler do?
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