Jonah Patel
The line of succession in the US Constitution refers to the order of individuals who can assume the presidency if the incumbent president becomes incapacitated, dies, or resigns. The Presidential Succession Act of 1947, as amended, outlines the line of succession, which consists of congressional officers followed by Cabinet members. The Vice President is first in line, and the Cabinet members follow in the order of their department's establishment. The Constitution also authorizes Congress to declare an acting president if both the president and vice president are unable to serve. The 25th Amendment further clarifies the process, stating that the Vice President becomes the President in the event of the President's removal, death, or resignation. The line of succession is a critical aspect of ensuring continuity of government and has been the subject of ongoing discussions and amendments to address potential ambiguities and limitations.
| Characteristics | Values |
|---|---|
| What is the line of succession? | The order of congressional officers and cabinet members who can act as president if the current president is removed from office, dies, or resigns. |
| Who is first in line? | The vice president. |
| Who is second in line? | The president pro tempore of the Senate. |
| Who is third in line? | The secretary of state. |
| Who is fourth in line? | The speaker of the House of Representatives. |
| Who is fifth in line? | The secretary of homeland security. |
| Who is sixth in line? | The remaining cabinet members, in the order of their agencies' creation. |
| Who is not eligible? | Cabinet members who are not constitutionally eligible to be president or are under impeachment. |
| Who decides the line of succession? | Congress, as authorized by Article II, Section 1, Clause 6 of the U.S. Constitution. |
| When was the line of succession last changed? | 2006, with the addition of the secretary of homeland security. |
| When was the line of succession established? | 1792, with the Presidential Succession Act. |
| How many times has the vice president succeeded to the presidency intra-term? | Nine times: eight due to the incumbent's death and once due to resignation. |
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What You'll Learn
The Presidential Succession Act of 1947
The Act provides that, in the event of a vacancy in the presidency, the vice president shall become president. If there is a vacancy in both the presidency and the vice presidency, the presidential line of succession moves to congressional officers, followed by the members of the cabinet in the order of the establishment of each department. The Act specifies that only cabinet members who are constitutionally eligible to the office of president and not under impeachment by the House at the time may become acting president.
The 1947 Act reinserted the president pro tempore of the Senate and the Speaker of the House in the line of succession, placing the Speaker ahead of the president pro tempore. This was a reversal of the 1886 Act, which had removed these congressional officials from the line of succession and replaced them with cabinet officers. The 1947 Act also mandated that any cabinet officer who accedes to the powers and duties of the presidency must resign their cabinet post.
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The Vice President as successor
The Presidential Succession Act of 1947, as amended, outlines the presidential line of succession, which includes the Vice President as the first in line to assume the role of President in the event of a vacancy. This act has been enacted on three occasions: 1792, 1886, and 1947, with the most recent revision in 2006. The Presidential Succession Clause in Article II of the Constitution provides for the Vice President to take over the "powers and duties" of the presidency in the event of the President's removal, death, resignation, or inability to serve. This is further supported by the Twenty-Fifth Amendment, which states that in the case of the President's removal, death, or resignation, the Vice President shall become President.
Historically, there has been debate about whether the Vice President becomes the President or simply acts as President temporarily in a case of succession. Some historians argue that the framers intended for the Vice President to remain as Vice President while executing the duties of the President until a new President could be elected. However, the precedent was set by Vice President John Tyler, who, upon the death of President William Henry Harrison in 1841, asserted that he had become the President automatically rather than merely acting as President. This precedent was followed until the Twenty-Fifth Amendment conclusively established that the Vice President succeeds to the Presidency under the Constitution.
The Presidential Succession Act also specifies that only Cabinet members who are constitutionally eligible to become President and are not under impeachment may serve as Acting President. Additionally, any Cabinet officer who assumes the duties of the President must resign their Cabinet post. The Act outlines the line of succession for Cabinet officers, with the Secretary of State being the highest and fourth in line after the President pro tempore of the Senate. The Act also allows Congress to declare who should act as President if both the President and Vice President are unable to serve, with the Speaker of the House of Representatives being proposed as a possible successor.
The Twenty-Fifth Amendment further clarifies the role of the Vice President as successor. In the event of a vacancy in the office of the Vice President, the President shall nominate a new Vice President who will take office upon confirmation by a majority vote in both Houses of Congress. Additionally, if the President declares their inability to discharge their duties, the Vice President shall become Acting President until the President transmits a written declaration to the contrary. If the Vice President and a majority of executive officers declare the President's inability to Congress, the Vice President will continue as Acting President unless two-thirds of Congress decides otherwise within twenty-one days.
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Qualifications for holding the presidency
The qualifications for holding the presidency in the United States are outlined in Article II, Section 1, Clause 5 of the Constitution. There are three main requirements that must be met for an individual to be eligible to run for president:
Firstly, the individual must be a natural-born citizen of the United States. This requirement, as explained by Justice Story, serves to protect the country from ambitious foreigners and prevent potential interference from foreign governments in executive elections. However, there is an exception for those who were foreign-born but immigrated to the colonies before 1789 and became US citizens. Additionally, this criterion also includes individuals who were citizens at the time of the Constitution's adoption in 1788.
Secondly, the individual must be at least 35 years of age. This age requirement is in place to ensure that the president possesses the necessary maturity for the position, as well as providing sufficient time for the public to assess the candidate's merits.
Lastly, the individual must have been a resident of the United States for at least fourteen years. The framers of the Constitution included this criterion to give the electorate a full opportunity to understand the candidate's character and qualifications. It also ensures that the candidate has personally experienced the interests and principles of a republican government.
These qualifications are essential prerequisites for any individual seeking to become the president of the United States. They provide a foundational framework for assessing the eligibility of potential candidates and help ensure that the office of the president is occupied by individuals who meet the basic constitutional requirements.
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The Twenty-Fifth Amendment
Section 4 of the Amendment deals with a situation where the vice president and cabinet members believe the president can no longer fulfill their duties, but the president thinks they can. In that case, the vice president and a majority of cabinet members must send a written declaration to Congress stating why they believe the president can no longer discharge his duties. The president can then send a written declaration to Congress if they dispute the vice president's and cabinet's assertions. The president will resume the presidency unless the vice president and cabinet file another written declaration disputing the president's assertions.
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The Secretary of Homeland Security's addition in 2006
The terrorist attacks of September 11, 2001, demonstrated the potential for a decapitation strike that could kill or incapacitate multiple individuals in the presidential line of succession. This included members of Congress and the federal judiciary. In the aftermath of the attacks, discussions about the continuity of government and the existing constitutional and statutory provisions governing presidential succession were sparked.
The most recent change to the presidential line of succession came about in 2006, with the USA PATRIOT Improvement and Reauthorization Act, which added the secretary of homeland security to the line of succession. The position of the secretary of homeland security was created by the Homeland Security Act following the 9/11 terrorist attacks. The new department consisted primarily of components transferred from other Cabinet departments because of their role in homeland security. These included the Coast Guard, the Federal Protective Service, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the United States Secret Service, the Transportation Security Administration, and the Federal Emergency Management Agency.
The 1947 Presidential Succession Act, which was last revised in 2006, establishes the presidential line of succession. The Act sets out that the office passes to the vice president, and if that office is simultaneously vacant, the powers and duties of the presidency pass to the speaker of the House of Representatives, the president pro tempore of the Senate, and then Cabinet secretaries, depending on eligibility. The Presidential Succession Act has been modified several times, with the addition of the secretary of homeland security being the most recent change.
The current secretary of homeland security is Kristi Noem, who assumed the role on January 25, 2025. The secretary of homeland security is a member of the Cabinet of the United States and is responsible for ensuring public safety in the country. The secretary oversees the execution of the duties of the Department of Homeland Security and is aided by various elements within the Office of the Secretary, including several offices and other elements of the DHS.
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Frequently asked questions
The line of succession refers to the order of individuals who can assume the presidency if the current president vacates the office before the end of their term due to death, resignation, or inability to discharge powers and duties.
Article II, Section 1, Clause 5 of the US Constitution sets out three qualifications for holding the presidency: one must be a natural-born citizen of the United States, be at least 35 years of age, and have been a resident in the United States for at least 14 years.
The Presidential Succession Act is a federal statute that establishes the line of succession. It was enacted in 1792, 1886, and 1947, with the most recent revision in 2006. The Act outlines that only Cabinet members who are constitutionally eligible and not under impeachment may become acting president.
The Act establishes the order of succession as congressional officers, followed by members of the Cabinet in the order of the establishment of each department. It also mandates that any Cabinet officer who accedes to the powers and duties of the presidency must resign their Cabinet post.
The line of succession has evolved with various amendments and discussions. The 25th Amendment, ratified in 1967, established that the Vice President succeeds to the Presidency. The USA PATRIOT Improvement and Reauthorization Act in 2006 added the Secretary of Homeland Security to the line of succession. Discussions on continuity of government and potential ambiguities in the succession act have also led to recommendations for further amendments.
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