Simone Lawson
The United States Constitution and the Presidential Succession Act of 1947 outline the presidential order of succession. The Constitution mentions presidential succession in four places: Article II, Section 1, Clause 6, the 12th Amendment, 20th Amendment, and 25th Amendment. The vice president is designated as first in the line of succession, followed by the president pro tempore of the Senate, the speaker of the House of Representatives, and the Cabinet secretaries, listed in the order in which their department was created. The Presidential Succession Act has been enacted on three occasions: 1792, 1886, and 1947, with the most recent revision in 2006. The Act establishes the line of succession beyond the vice president, providing for cases where neither the president nor vice president can serve.
| Characteristics | Values |
|---|---|
| The act that establishes the presidential line of succession | Presidential Succession Act |
| Article of the Constitution that mentions presidential succession | Article II, Section 1, Clause 6 |
| Amendment that mentions presidential succession | 12th Amendment, 20th Amendment, 25th Amendment |
| Year the 25th Amendment was ratified | 1967 |
| Year the Presidential Succession Act was adopted | 1947 |
| Year the Presidential Succession Act was last revised | 2006 |
| Year the Presidential Succession Act of 1792 was signed into law | 1792 |
| Year the Presidential Succession Act of 1886 was signed into law | 1886 |
| Year the President pro tempore and Speaker were removed from the line of succession | 1886 |
| Year the President pro tempore and Speaker were reinserted into the line of succession | 1947 |
| Year the Continuity of Government Commission produced a report on ambiguities and limitations in the succession act | 2003, 2009, 2011 |
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What You'll Learn
- The vice president is first in the line of succession
- The 12th Amendment fills a vacancy if the House of Representatives fails to elect a president
- The 25th Amendment establishes procedures for filling a vice-presidential vacancy
- The Presidential Succession Act outlines the order of succession
- The Speaker of the House has been in the line of succession
The vice president is first in the line of succession
The vice president is designated as first in the presidential line of succession by the Article II succession clause, which also authorizes Congress to provide for a line of succession beyond the vice president. This has been done on three occasions: the Presidential Succession Act of 1792, the Presidential Succession Act of 1886, and the Presidential Succession Act of 1947, which was last revised in 2006.
The Presidential Succession Acts outline the process for replacing the president in the event of their death, resignation, or inability to serve. In such cases, the vice president becomes the president for the rest of the term. However, there has been ambiguity around whether the vice president becomes the president or simply acts as president. This ambiguity was highlighted in 1841 when President William Henry Harrison died in office, and in 1881 when President James A. Garfield was shot and unable to perform his duties for 79 days.
The 25th Amendment, adopted in 1967, establishes procedures for filling intra-term vacancies in the office of the vice president. It also clarifies the process for declaring the president unable to discharge their duties, with the vice president assuming the powers and duties of the presidency in such cases.
The vice president is first in line to become the president, followed by the president pro tempore of the Senate, the speaker of the House, and then the Cabinet members, in the order of their agencies' creation.
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The 12th Amendment fills a vacancy if the House of Representatives fails to elect a president
The United States Constitution mentions presidential succession in four places: Article II, Section 1, Clause 6, the 12th Amendment, 20th Amendment, and 25th Amendment. The 12th Amendment, in particular, addresses the scenario where the House of Representatives fails to elect a president.
The 12th Amendment was enacted to prevent situations like the one that occurred in the 1800 election, where a contingent election in the House of Representatives was required to break a tie between Thomas Jefferson and John Adams. The amendment stipulates that if the House of Representatives cannot choose a president by a specified date (originally the fourth day of March), then the vice president shall act as president. This provision ensures that the country has a leader during the inter-term phase until a proper president is chosen by Congress.
The 12th Amendment also introduced changes to the voting process. It mandated that electors cast distinct votes for president and vice president, with at least one of the selected candidates being from a different state than the elector. This amendment effectively eliminated most ties and deadlocks in subsequent elections.
The Presidential Succession Act, enacted in 1792, 1886, and 1947, further outlines the line of succession beyond the vice president. The 1947 act, last revised in 2006, establishes the current line of succession, which includes congressional officers and cabinet members.
The 25th Amendment, adopted in 1967, provides additional clarity by establishing procedures for filling a vacancy in the office of the vice president. It also outlines the process for addressing presidential disability or inability to serve, with the vice president assuming the powers and duties of the presidency in such cases.
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The 25th Amendment establishes procedures for filling a vice-presidential vacancy
The 25th Amendment, proposed by Congress and ratified by the states following the assassination of President John F. Kennedy, establishes procedures for filling a vice-presidential vacancy. Before the 25th Amendment, a vice-presidential vacancy continued until a new vice president took office at the start of the next presidential term. The 25th Amendment, therefore, fills a gap in the previous legislation.
The 25th Amendment outlines that in the case of the removal of the President from office, or their death or resignation, the Vice President shall become President. It also establishes the procedure for filling a vacancy in the office of the vice president. When there is a vacancy in the Vice President's office, the President nominates a replacement who takes office upon confirmation by a majority vote of both Houses of Congress.
The 25th Amendment also allows for the temporary transfer of the President's powers and duties to the Vice President. This can occur in two ways: on the President's initiative alone, or on the initiative of the Vice President together with a majority of the President's cabinet. In both cases, the Vice President becomes the acting President until the President's powers and duties are restored.
The 25th Amendment also provides a mechanism for the President to regain their powers. If the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration that they are no longer unable to discharge their powers and duties, they shall resume their position unless, within four days, the Vice President and a majority of either the principal officers of the executive department or another body designated by Congress transmit a written declaration that the President is still unable to discharge their powers and duties. In this case, Congress shall decide the issue, assembling within forty-eight hours if not already in session.
The 25th Amendment has been invoked several times. For example, in the 1970s, during the Watergate scandal, Gerald Ford replaced Spiro Agnew as Vice President under the Amendment's procedures.
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The Presidential Succession Act outlines the order of succession
The 1792 Act placed the president pro tempore of the Senate first in line for the presidency, followed by the speaker of the House. This Act was criticised by framers of the Constitution, such as James Madison, who disagreed with the arrangement. The 1886 Act substituted the Cabinet secretaries, listed in the order in which their department was created, for the president pro tempore and speaker in the line of succession.
The 1947 Act, which was last revised in 2006, restored the speaker of the House and president pro tempore to the line of succession but in reverse order from their 1792 positions. They were placed ahead of the Cabinet secretaries, who are positioned in the order of the establishment of their departments. The 1947 Act also stipulated that, in order for the speaker or president pro tempore to become acting president, they must meet the requirements for presidential eligibility and resign from their office, including from Congress.
The Presidential Succession Act refers specifically to officers beyond the vice president acting as president rather than becoming president when filling a vacancy. The vice president is designated as first in the line of succession by the Article II succession clause, which also authorises Congress to provide for a line of succession beyond the vice president. The Cabinet secretaries follow in the order of their agencies' creation, with the secretary of state being the highest and fourth in line after the president pro tempore of the Senate.
The Presidential Succession Act outlines a clear order of succession to ensure continuity of government in the event of a vacancy in the presidency. While the Act has been revised over time, the basic principle of establishing a line of succession beyond the vice president remains in place.
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The Speaker of the House has been in the line of succession
The Speaker of the House was initially second in line to the presidency, as outlined in the 1792 Act, after the president pro tempore of the Senate. However, the 1886 Act substituted the Speaker with Cabinet secretaries, listed in the order in which their department was created. The Speaker was removed from the succession line due to concerns about the negative constitutional and practical implications of having the Speaker and the president pro tempore in the line of succession.
Despite this, the Speaker of the House has remained in the line of succession, currently occupying the position after the vice president and before the president pro tempore of the Senate. This means that if both the presidency and vice-presidency were vacant, the Speaker would become acting president, after resigning from the House and as Speaker.
The Speaker of the House is elected biennially at the beginning of a new Congress, or when a speaker dies, resigns, or is removed from the position during a congressional term. The current Speaker of the House is Mike Johnson, a Republican from Louisiana.
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Frequently asked questions
The Presidential Succession Act is a federal statute that establishes the presidential line of succession. It was first passed in 1792, and has been amended three times, in 1886, 1947, and 2006.
The Constitution mentions presidential succession in four places: Article II, Section 1, Clause 6; the 12th Amendment; the 20th Amendment; and the 25th Amendment. Article II, Section 1, Clause 6 authorises Congress to establish a line of succession beyond the vice president, in the event of the president's removal, death, resignation, or inability to serve.
The vice president is first in line, as outlined in Article II, Section 1, Clause 6, and the 12th Amendment. The Presidential Succession Act of 1947 outlines the rest of the line of succession as consisting of congressional officers, followed by the members of the Cabinet in the order of the establishment of each department.
The Act has been criticised for being contrary to the intent of the framers of the Constitution. The Continuity of Government Commission, a nonpartisan think tank, produced a report in 2009 that highlighted the ambiguities and limitations of the Act. The current Act is also controversial because it allows for an officer who is acting as president to be "bumped" when the original officer's disability or disqualification is removed.
The 25th Amendment, ratified in 1967, established and explained the complete order of presidential succession, as well as contingency plans to fill any executive vacancies. It reaffirmed that the vice president becomes the president in the event of the president's removal, death, or resignation. It also requires the president to nominate a replacement for the vice president when necessary.
