Simone Lawson
The Vice President of the United States (VPOTUS) is the second-highest-ranking office in the executive branch of the US federal government. The VP's two primary constitutional duties are to assume the presidency and its powers if a president is removed, dies, resigns, or is unable to discharge their duties, and to act as the President of the Senate, including casting tie-breaking votes.
| Characteristics | Values |
|---|---|
| Main responsibility | President of the Senate |
| Power to vote | Only in case of a tie |
| Acting President | In case of the President's removal from office, death, resignation, or inability to discharge powers and duties |
| Filling the vacancy in the office of Vice President | By presidential nomination and confirmation by a majority vote in both houses of Congress |
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What You'll Learn
- The VP becomes Acting President if the President is removed, dies, or is unable to serve
- The VP is President of the Senate, but doesn't vote unless there's a tie
- The VP can object to the President's claim of inability to serve
- The VP is indirectly elected by the people of the US
- The VP has few original duties, but these have been expanded over time
The VP becomes Acting President if the President is removed, dies, or is unable to serve
The Vice President of the United States (VPOTUS) is the second-highest-ranking office in the executive branch of the US federal government. The VP is also an officer in the legislative branch, as the President of the Senate. In this capacity, the VP is empowered to preside over the US Senate, but may not vote except to cast a tie-breaking vote.
The VP is often described as being "a heartbeat away from the presidency", reflecting the fact that the VP's constitutional duties include assuming the presidency in the event of the president's death, removal, or inability to serve. This is outlined in Article II, Section 1, Clause 6, which stipulates that the VP takes over the "powers and duties" of the presidency in such circumstances.
The 25th Amendment, ratified in 1967, further clarified the process of determining presidential vacancies and the inability or disability of a president. It states that the VP becomes Acting President if the President notifies Congress that they are unable to discharge their powers and duties. The VP, along with a majority of either the principal officers of the executive department or another body designated by Congress, can also transmit a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives stating that the President is unable to discharge their powers and duties. In this case, the VP immediately assumes the powers and duties of the office as Acting President.
The VP's role as Acting President continues until the President transmits a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives stating that they are able to resume their duties. If the VP and a majority of the principal officers disagree with the President's declaration, Congress decides the issue, and a two-thirds vote of both Houses can determine that the President is unable to serve. In this case, the VP continues to act as President.
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The VP is President of the Senate, but doesn't vote unless there's a tie
The Vice President of the United States (VPOTUS) is the second-highest-ranking office in the executive branch of the U.S. federal government, after the President of the United States, and ranks first in the presidential line of succession. The Vice President is also an officer in the legislative branch, as the President of the Senate.
Article I, Section 3 of the U.S. Constitution establishes the Vice President's role in Congress: "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided." This means that the Vice President is empowered to preside over the U.S. Senate, but may not vote except to cast a tie-breaking vote. The Vice President is responsible for maintaining order and decorum, recognizing members to speak, and interpreting the Senate's rules.
The Vice President's role as the President of the Senate initially included another function. Together with the Speaker of the House, the Vice President would officially sign or attest to bills sent to the President for signature. This role was expanded with the ratification of the 12th Amendment, which was passed after the 1800 election led to the nation's first constitutional crisis.
The Vice President's role as President of the Senate has evolved over time, with some arguing that their presence is required whenever there is a tie vote in the Senate. However, this is not the case, as the Vice President is not compelled to vote to break a tie even if they are present. In the event of a tie that is not broken, the motion being put to the Senate simply does not pass. While the Vice President's tie-breaking vote is not required by the Constitution, it is a part of their job, and they are typically given advance notice of when their vote may be needed.
Throughout history, Vice Presidents have used their tie-breaking votes to shape policy and influence important decisions. For example, John C. Calhoun cast a tie-breaking vote to delay and later defeat President Andrew Jackson's nomination of Martin Van Buren as the United States Minister to the United Kingdom. More recently, Vice President Mike Pence confirmed Betsy DeVos as Secretary of Education in 2017, marking the first time a tie-breaking vote was used to confirm a Cabinet member. Kamala Harris also set records during her time as Vice President, breaking the record for the most tie-breaking votes in a single year and becoming the first woman in U.S. history to have presidential powers and duties.
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The VP can object to the President's claim of inability to serve
The Vice President of the United States (VPOTUS) is the second-highest-ranking office in the executive branch of the US federal government, after the President. The Vice President is also an officer in the legislative branch as the President of the Senate. In this capacity, the Vice President is empowered to preside over the US Senate but may not vote except to cast a tie-breaking vote.
The Vice President has several unique constitutional roles in the federal government. In addition to their primary role of serving as President temporarily or for the remainder of a presidential term when there is a vacancy in office, or an inability or disability on the President's part, the Vice President can object to the President's claim of ability to serve.
Article II, Section 1, Clause 6 stipulates that the Vice President takes over the "powers and duties" of the presidency in the event of a President's removal, death, resignation, or inability. The 25th Amendment’s first two sections formalized the Tyler Precedent. The amendment stated that the Vice President becomes President "in case of the removal of the President from office or of his death or resignation."
If the President declares in writing to the relevant congressional presiding officers that he is able to fulfill his responsibilities, the Vice President (as Acting President) and a majority of the appropriate body can transmit a contrary written notice within four days. Afterward, the Vice President, in conjunction with the cabinet or disability board, has the option to object to the President's claim, and a two-thirds vote of the House and Senate can determine the President is indeed unable to serve. In such a situation, the Vice President shall continue to discharge the same duties as Acting President.
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The VP is indirectly elected by the people of the US
The Vice President of the United States (VPOTUS) is the second-highest-ranking office in the executive branch of the US federal government. The Vice President is indirectly elected by the people of the US through the Electoral College, concurrently with the President, to a four-year term of office. Voters are essentially selecting the President and Vice President as a single package, with the vice presidential candidate running alongside the presidential candidate on a "joint ticket" as a "running mate".
The Electoral College system dictates that the President and Vice President are elected by the people through electors, who cast electoral votes for these two offices. While the people of the US do not directly elect the Vice President, they vote for electors who then elect the Vice President on their behalf. This process, outlined in the US Constitution, ensures that the Vice President is indirectly elected by the people.
The role of Vice President has evolved over time, with constitutional amendments clarifying and expanding their duties. The Vice President's primary role is to serve as President of the Senate, presiding over Senate meetings, maintaining order, recognising members to speak, and interpreting the Senate's rules. They can only vote in the case of a tie. Additionally, the Vice President assumes the role of Acting President or succeeds to the presidency in the event of the President's removal, death, resignation, or inability to serve. This responsibility has earned the Vice President the moniker of being "a heartbeat away from the presidency".
The 25th Amendment, ratified in 1967, further defined the process of presidential succession and the Vice President's role in it. It clarified that the Vice President becomes the Acting President or succeeds to the presidency in the event of a vacancy or the President's inability to serve. The amendment also allows the President and Congress to nominate and confirm a new Vice President when that office becomes vacant.
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The VP has few original duties, but these have been expanded over time
The Vice President of the United States (VPOTUS) is the second-highest-ranking office in the executive branch of the U.S. federal government. The vice president is also an officer in the legislative branch, as the President of the Senate. The role of the vice president has historically been limited in its duties and powers, with the Founders seeing a need for a vice president for several reasons.
The vice president's primary role is to serve as president temporarily or for the remainder of a presidential term when there is a vacancy in office or an inability or disability on the president's part. This is outlined in Article II, Section 1, Clause 6, which stipulates that the vice president takes over the "powers and duties" of the presidency in the event of a president's removal, death, resignation, or inability. The 25th Amendment, ratified in 1967, further clarified the process of determining presidential vacancies and the inability or disability of a president or vice president. It allowed the president and Congress to nominate and approve a new vice president when that office became vacant.
The vice president's other original constitutional duty is to act as the President of the Senate, presiding over Senate meetings and maintaining order and decorum, recognizing members to speak, and interpreting the Senate's rules. The vice president may not vote except in the case of a tie.
Over time, the role of the vice president has expanded beyond these initial duties. The vice president also performs ceremonial duties in place of the president, and in modern times, the vice president's role has become more focused on advising and supporting the president. Additionally, the vice president runs on a "joint ticket" with the presidential candidate, and once confirmed, voters select the President and Vice President as a single package.
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