Isabella Carter
The constitutional order of presidential succession outlines the officials who will assume the presidency if the current president is no longer able to carry out their duties. This can occur due to the president's death, resignation, temporary incapacitation, or removal from office. The vice president is first in the line of succession, followed by 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, first adopted in 1947, details this order, and the 25th Amendment to the Constitution, ratified in 1967, establishes procedures for filling a vacant vice presidency. The terrorist attacks of September 11, 2001, highlighted the importance of a clear succession plan and sparked discussions about potential amendments to the laws governing presidential succession.
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What You'll Learn
The vice president succeeds the president
The Presidential Succession Act of 1947 and the 25th Amendment to the Constitution, ratified in 1967, both confirm that the vice president becomes president in the event of the president's death, resignation, or removal from office. The 25th Amendment also establishes procedures for filling an intra-term vacancy in the office of the vice president.
In the history of the United States, there have been nine instances of a vice president succeeding a president intra-term. Eight of these instances were due to the death of the president, and one was due to the president's resignation. The first vice president to ascend to the presidency was John Tyler, who took office after the death of President William Henry Harrison in 1841.
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 US Constitution sets out three qualifications for holding the presidency: one must be a natural-born citizen of the United States (or a citizen at the time of the Constitution's adoption in 1788), be at least 35 years of age, and have been a resident in the United States for at least 14 years.
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Speaker of the House of Representatives
The Speaker of the House of Representatives is a key figure in the US government and plays a significant role in the constitutional order of presidential succession. The Speaker is the leader of the US House of Representatives and is responsible for presiding over debates, controlling the legislative agenda, and managing the business of the House.
In the event of a vacancy in the presidency, the US Constitution outlines a clear line of succession. According to Article II, Section 1, Clause 6, and the 12th, 20th, and 25th Amendments, the vice president is first in the line of succession. However, if the vice presidency is also vacant, the powers and duties of the presidency pass to the Speaker of the House of Representatives. This is specified in the Presidential Succession Act, which was adopted in 1947 and revised in 2006.
The Speaker of the House of Representatives is third in the line of succession, after the president pro tempore of the Senate. This order was established in the Presidential Succession Act of 1947, which reinserted the Speaker into the line of succession after they had been removed in 1886. The Act also placed the Speaker ahead of the president pro tempore, recognising their role as the elected representative of their district.
The inclusion of the Speaker of the House of Representatives in the presidential line of succession highlights the importance of maintaining continuity in the executive branch. It ensures that there is always a designated individual eligible to assume the powers and duties of the presidency, should the need arise.
It is worth noting that, despite their position in the line of succession, no Speaker of the House of Representatives has ever had to assume the presidency due to vacancies in both the president and vice president positions. The line of succession is designed to provide a clear and unambiguous plan for such scenarios, ensuring stability and leadership in times of crisis or unexpected events.
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President pro tempore of the Senate
The President pro tempore of the Senate is a position established by the United States Constitution in 1789. The Latin term "pro tempore" means "for the time being," indicating that the position was initially conceived as a temporary replacement for the vice president, who is also the president of the Senate. The president pro tempore is the second-highest-ranking official of the Senate, after the vice president.
The Constitution instructs the Senate to choose one of its members to serve as president pro tempore and preside over the Senate in the vice president's absence. The president pro tempore is elected by the Senate as a whole, usually through a resolution adopted by unanimous consent without a formal vote. Since the mid-20th century, it has been customary for the senior member of the majority party to serve as president pro tempore.
The president pro tempore has certain privileges and limited powers. They can administer oaths required by the Constitution, sign legislation, and jointly preside with the Speaker of the House during joint sessions or meetings of the two houses. They also work with the Secretary and Sergeant at Arms of the Senate to enforce rules governing the use of the Capitol and Senate buildings, and they make appointments to national commissions and advisory boards. Additionally, the president pro tempore is one of the authorities to whom declarations must be transmitted if the president is unable to perform their duties or is able to resume them.
In the line of presidential succession, the president pro tempore is currently third in line after the vice president and the speaker of the House of Representatives. Before the Presidential Succession Act of 1947, the president pro tempore was second in line, preceding the speaker. No one lower than the vice president in the line of succession has ever been called upon to act as president.
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Cabinet secretaries
The US Constitution and the Presidential Succession Act of 1947 outline the US order of succession. The Presidential Succession Act refers specifically to officers beyond the vice president acting as president rather than becoming president when filling a vacancy. The Act also stipulates that any official discharging the powers and duties of the presidency is disqualified from assuming the office of president through succession.
The US Constitution states that the vice president of the United States is the person who will replace the president if the president is not able to continue. If the vice presidency is simultaneously vacant, the powers and duties of the presidency pass to the speaker of the House of Representatives, president pro tempore of the Senate, and then Cabinet secretaries, depending on eligibility.
The line of succession of cabinet officers is 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 other Cabinet secretaries follow in the order of when their departments (or the department of which their department is the successor) were created. For example, the Department of State has been around since 1790, but the Department of Veterans Affairs was founded in 1989.
Since 1789, the vice president has succeeded to the presidency intra-term on nine occasions: eight times due to the incumbent's death, and once due to resignation. No one lower in the line of succession has ever been called upon to act as president.
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Presidential Succession Act of 1947
The Presidential Succession Act of 1947 was signed into law by President Harry Truman on July 18, 1947. The Act restored the Speaker of the House and the President Pro Tempore of the Senate to the line of succession, reversing their order from the 1792 Act. The Speaker was placed ahead of the President Pro Tempore, followed by Cabinet members in the order of the establishment of their departments. The Act also specified that only Cabinet members who are constitutionally eligible to become President and not under impeachment may serve as Acting President.
The Presidential Succession Act of 1947 addressed concerns about the continuity of government, particularly in the event of a national emergency or the death of the President. It reflected President Truman's belief that the President should not have the power to appoint their immediate successor and that the Presidency should be filled by an elected official whenever possible. Truman's concerns were heightened by the unexpected death of President Franklin Roosevelt in 1945, which brought him to the Presidency as Vice President.
The 1947 Act made three significant changes to the previous succession laws. Firstly, it restored the Speaker of the House and the President Pro Tempore of the Senate to the line of succession, recognising their roles as elected representatives of the people. Secondly, it reversed the order of these officials from the 1792 Act, placing the Speaker ahead of the President Pro Tempore. Thirdly, it mandated that any Cabinet officer who accedes to the powers and duties of the Presidency resign their Cabinet post.
The Presidential Succession Act has been enacted on three occasions: in 1792, 1886, and 1947. The 1947 Act was last revised in 2006. While none of these Succession Acts have been invoked, there have been several instances where a person beyond the Vice President in the line of succession could have been called upon to act as President. However, the likelihood of this scenario has diminished due to the Twenty-fifth Amendment's provision for filling Vice Presidential vacancies.
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Frequently asked questions
In the United States, if the President dies, resigns, or is removed from office, the Vice President becomes President. This is outlined in the Twenty-fifth Amendment to the Constitution, ratified in 1967.
After the Vice President, the Speaker of the House of Representatives is next in line, followed by the President pro tempore of the Senate, and then Cabinet secretaries, depending on eligibility.
According to Article II, Section 1, Clause 5 of the Constitution, 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 US for at least 14 years.
Yes, there have been nine instances in US history where the Vice President has succeeded to the presidency intra-term. Eight of these were due to the death of a President, and one was due to Richard Nixon's resignation.
No, the offices of the President and Vice President have never been simultaneously vacant, so the US has never had to go beyond the Vice President in the line of succession.
