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The Judge Advocate Journal, Bulletin No. 31, January, 1961

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The Judge Advocate Journal, Bulletin No. 31, January, 1961 Bulletin No. 31 .January, 1961 The Judge Advocate PR R F THE JUDGE ADVOCATE GENERAL'S SCHOOL LIBRARY Published By JUDGE ADVOCATES ASSOCIATION An affiliated organization of the American Bar Association, composed of lawyers of all components of the Army, Navy, and Air Force Denrike Building Washington 5, D. C. JUDGE ADVOCATES ASSOCIATION Officers for 1960-61 REGINALD c. HARMON, Virginia..........................................................Pl'C$ident ERNEST M. BRANNON, District of Columbia................ Pirst Vice Pnsident FREDERICK R. BOLTON, Michigan ................................ Second Vice Preside11t PENROSE L. ALBRIGHT, Virginia.... ..... ..................................... .Secretary CLIFFORD A. SHELDON, District of Columbia ............................... .. Trerrnurer JOHN RITCHIE, III, Illinois .......................... ........................Dele[!Clte to AB,1 Directors Joseph A. Avery, Va.; Franklin H. Berry, N. J.; Robert G. Burke, N. Y.; Perry H. Burnham, Colo.; Charles L. Decker, D C.; John H. Finger, Calif.; Robert A. Fitch, Va.; Osmer C. Fitts, Vt.; James Gar­ nett, Va.; George W. Hickman, Calif.; J. Fielding Jones, Va.; Stanley 'iV. Jones, Va.; Herbert M. Kidner, Pa.; Thomas H. King, Md.; Albert M. Kuhfeld, Va.; William C. Mott, Md.; Joseph F. O'Connell, Mass.; Alexander Pirnie, N. Y.; Gordon Simpson, Texas; Clio E. Straight, Va.; Moody R. Tid\Yell, Va.; Fred Wade, Pa.; Ralph W. Yarborough, Texas. Executive Secretary and Editor RICHARD H. LOVE Washington, D. C. Bulletin No. 31 January, 1961 Publication Notice The views expressed in articles printed herein are not to be regarded as those of the Judge Advocates Association or its officers and directors or of the editor unless expressly so stated. TABLE OF CONTENTS PAGE The Federal Legislative Process.............................................................. 1 The 1960 Annual Meeting........................................................................ 35 Limitation of Settlements Under FTCA.............................................. 38 In Memoriam .............................................................................................. 47 How Guilty is Guilty.................................................................................. 49 The Navy's New TJAG.............................................................................. 57 The Deputy and Assistant TJAG--Navy.............................................. 59 J AA Board Actions.................................................................................... 61 What the Members Are Doing................................................................ 63 Supplement to Directory of Members.................................................... 66 Published by the Judge Advocates Association, an affiliated organ­ ization of the American Bar Association, composed of lawyers of all components of the Army, Navy, and Air Force. Denrike Building, Washington 5, D. C. - STerling 3-5858 THE FEDERAL LEGISLATIVE PROCESS By Colonel James K. Gaynor* I. INTRODUCTION to all lawyers. The details of the process may not be so well known The President of the United States except to those lawyers who act as is the commander-in-chief,1 but the legislative counsel, or a part of the military services are dependent upon legislative branch of the Govern­ the Congress for their existence, for ment. However, every military law­ the rules and regulations by which yer should have more than a passing they are governed, and for the money knowledge of the federal legislative necessary to maintain them.2 process. Most of the larger agencies of the executive branch of the Government II. CONGRESSIONAL STRUCTURE have legislative offices to assist the President in performing the duty That the Congress of the United given him by the Constitution of States should consist of two houses recommending to the Congress such was the result of a compromise. measures "as he shall judge neces­ Most of the colonial legislatures were sary and expedient." 3 The Secre­ two-house bodies with a small cham­ tary of Defense has an assistant for ber representing the Crown and a Legislative Affairs, the Army and the larger one selected by the people. Air Force have Legislative Liaison The Congress established by the Arti­ offices, and the Navy has a Legisla­ cles of Confederation was merely a tive Affairs office. gathering of delegates of the states, The Congress enacts many propos­ with voting by states.4 When the con­ als each session which in one way or vention called to revise and strength­ another affect the military services. en the Articles of Confederation de­ The process by which such proposals termined to overhaul completely the become public laws generally is known governmental structure, there were * B.S., J.D., Indiana University; LL.M., S.J.D., The George Washington University; Colonel, JAGC-USA; member of the Indiana bar; Chief of the Legislative Division, Office of the Chief of Legislative Liaison, Office of the Secretary of the Army, July 1957 to September 1960. All statements and opinions in this article are those of the author and do not necessarily reflect the official position of the Department. of Defense. 1 U. S. Const., Art. II, § 2. 2 Id., Art. I, § 8. 3 Id., Art. II, § 3. Cf. Nobleman, The Delegation of Presidential Functions, 307 Annals of the American Academy of Political and Social Science 134 (1956). 4Articles of Confederation, Art. V. I 2 The Judge Advocate Journal various proposals as to the desirable House of Representatives met on the nature of the legislature. first floor. This is one version of the Virginia, a large state, proposed a origin of the custom of calling the two-house body with the lower house Senate the "upper house." In the to be selected by the people, the halls of the Congress, each house upper house to be selected by the now refers to its counterpart as the lower house, and the number of rep­ "other body" rather than as upper resentatives-each to have equal vote or lower house. -to be determined upon the basis of The Constitution provides that the population. New Jersey, a small members of the House of Represer.ta­ state, wanted only one house with tives shall not exceed one for every voting by states. The scheme adopt­ 30,000 people, but that each state is ed, the Connecticut compromise, pro­ guaranteed at least one seat in the vided for two houses, with a Senate House, regardless of size.9 There to be composed of two members from still are six states with only one each st.ate and a House of Repre­ member each in the House of Rep­ sentatives with its membership ap­ resentatives: Alaska, Delaware, Ha­ portioned according to population.5 waii, Nevada, Vermont, and Wyom­ The members of the Senate were not ing. The Constitution provided that elected by the people until the Seven­ the House initially should consist of teenth Amendment became effective 65 members, but as the country grew, in 1913; 6 prior to that time, the the number of members of the Con­ legislature of each state selected the gress increased. By 1873, the House members of the Senate from that consisted of 283 members, and in suc­ state.7 ceeding decades the number rose to When the First Congress assembled 325, to 356, and to 386. Finally, an in New York in 1789, there were 22 act of 1911 fixed the number at 433 Senators and 59 members of the with two additional members should House of Representatives.s North Arizona and New Mexico become Carolina and Rhode Island were not states before the next decennial cen­ represented because they had not yet sus.10 Since they did, the number ratified the Constitution. The Sen­ was permanently fixed at 435, al­ ate met on the second floor of the though the number was increased provisional capitol building and the temporarily to 437 because of the 5 U.S. Const., Art. I, §§ 2, 3; Bancroft, History of the United States of America (New York: Appleton, 1884), Vol VI, p. 244. 6 Proclamation by the Secretary of State, 31 May 1913. 1 U.S. Const., Art. I, § 3. 8 Compare Bassett, The Federalist System (New York: Harper, 1906), pp. 7-8. D U.. S. Const., Art I, § 2. io 37 Stat. 13 (1911), 2 U.S. Code, § 2. The Judge Advocate Journal 3 admission of Alaska and Hawaii. bution by the state legislature follow­ The number will be reduced to 435 ing a reapportionment, and the state again with the apportionment follow­ has gained a member of the House ing the 1960 census.11 The Common­ because of an increase in population, wealth of Puerto Rico has a resident the extra member is a Congressman commissioner who sits as a member at Large from that state.is If a of the House and may introduce bills state loses one or more representa­ and enter into debates but cannot tives by a reapportionment and the vote.12 Alaska and Hawaii, while in state legislature fails to adjust the territorial status, each had a dele­ districts, all representatives from gate who was in the same status as that state are elected, at large until the resident commissioner. The mem­ there is an adjustment.16 During the bership of the Senate was automati­ decade following the 1950 census, cally increased to an even hundred New Mexico and North Dakota each with the admission of Hawaii. were entitled to two members of the During the 86th Congress (1959­ House, and both were elected at large. 1960), the Congressman from the 8th Texas, Washington, and Connecticut District of Texas represented 806,701 each had one Representative at Large, people and the Congressman from the in addition to those representing dis­ 2d District of South
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