Eleanor Finch
The U.S. Constitution and the Presidential Succession Act of 1947 outline the presidential order of succession. The line of succession is mentioned in two places in the Constitution: in Article 2, Section 1, and the 25th Amendment. The 25th Amendment reiterates what is stated in Article 2, Section 1: that the Vice President is the direct successor of the President and will become President if the President cannot serve. The 25th Amendment also provides for a President who is temporarily disabled, such as if the President has a surgical procedure or becomes mentally unstable. The inclusion of a line of succession in the Constitution ensures a smooth transfer of power in the event of a President's death, removal, resignation, or inability to serve, and addresses concerns about continuity of government in the face of potential disasters or attacks.
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What You'll Learn
The Presidential Succession Clause
The original Presidential Succession Clause in the Constitution established that the vice president would assume the "powers and duties" of the presidency in such cases. However, it did not explicitly state whether the vice president became the president or merely acted as president until a new election. This ambiguity led to disputes, particularly after the death of President William Henry Harrison in 1841, when Vice President John Tyler asserted that he had become the President, setting a precedent for an orderly transfer of power.
The Presidential Succession Act of 1792, passed by Congress, further addressed the issue of presidential succession. This act was influenced by political dynamics between Federalists and Antifederalists, with Federalists opposing the inclusion of the then-Secretary of State, Thomas Jefferson, in the line of succession. The act established a line of succession that included the President Pro Tem of the Senate and the Speaker of the House after the vice president.
The Presidential Succession Act of 1886 replaced the Congressional leadership in the line of succession with the Cabinet, headed by the Secretary of State. The 1947 Act reintroduced the Speaker of the House and President Pro Tem but reversed their order from the 1792 Act. The Twenty-fifth Amendment, ratified in 1967, provided a comprehensive outline of presidential succession, clarifying that the vice president becomes the president in the event of the president's removal, death, or resignation. It also addressed scenarios where the president is temporarily disabled or unable to perform their duties, with Section 4 authorising the vice president and a majority of the cabinet or Congress to make that determination.
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The Twenty-Fifth Amendment
Section 2 of the amendment provides a mechanism for filling a vacancy in the vice presidency. Before the Twenty-Fifth Amendment, a vice-presidential vacancy continued until a new vice president took office at the start of the next presidential term. The vice presidency had become vacant several times due to death, resignation, or succession to the presidency, and these vacancies had often lasted several years. Section 2 requires the president to nominate a new vice president to take office for the remainder of the president's term after confirmation by a majority vote in each chamber of Congress.
Section 3 of the amendment allows the president to voluntarily transfer presidential authority to the vice president by declaring in writing their inability to discharge the powers and duties of the presidency. This can be in anticipation of a medical procedure, for example. The president can transmit 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 discharge their duties and resume their powers, unless the vice president and a majority of either the principal officers of the executive department or other bodies designated by Congress dispute this with their own written declaration.
Section 4 of the amendment deals with a situation where the vice president and cabinet members believe the president can no longer fulfil their duties, but the president thinks they can. In this case, the vice president and a majority of cabinet members must send a written declaration to Congress stating why they believe the president cannot discharge their duties. The president can then dispute this with their own written declaration to Congress, and resume the presidency unless the vice president and cabinet file another declaration.
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Presidential disability
The US Constitution and the Presidential Succession Act of 1947 outline the presidential order of succession. The line of succession of cabinet officers is in the order of their agencies' creation. 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 a president's removal, death, resignation, or inability.
The 25th Amendment, Section 1, clarifies Article II, Section 1, Clause 6, by stating that the vice president is the direct successor of the president, and becomes president if the incumbent dies, resigns or is removed from office. It also provides for situations where the president is temporarily disabled, such as if the president has a surgical procedure or becomes mentally unfit, establishing procedures for the vice president to become acting president.
The 25th Amendment also provides a mechanism for intra-term vice presidential succession, establishing that a vice presidential vacancy will be filled by a president's nominee upon confirmation by a majority vote of both houses of Congress. Previously, whenever a vice president had succeeded to the presidency or had died or resigned from office, the vice presidency remained vacant until the next presidential and vice presidential terms began.
The issue of presidential disability has been a contentious one. For instance, on July 2, 1881, President James A. Garfield was shot and severely injured. The president wavered between life and death for 79 days after the shooting, and the nation experienced the uncertainties associated with a prolonged period of presidential inability. Similarly, the death of President William Henry Harrison in 1841 brought about an urgent constitutional issue regarding whether the vice president became president or simply acted as president.
The terrorist attacks of September 11, 2001, further demonstrated the potential for a decapitation strike that could kill or incapacitate multiple individuals in the presidential line of succession. These events have led to ongoing discussions about continuity of government concerns and the existing constitutional and statutory provisions governing presidential succession.
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The Presidential Succession Act of 1947
The Act reinserted the Speaker of the House and the President Pro Tempore of the Senate into the line of succession, reversing their order from the 1792 Act. The Speaker of the House is now placed ahead of the President Pro Tempore. This change was supported by President Truman, who urged placing the Speaker, as an elected representative, next in line to the vice president after he himself came to the presidency following Franklin Roosevelt's death in 1945.
The inclusion of the Speaker of the House and the President Pro Tempore in the line of succession has been controversial. Some have questioned their constitutional eligibility to act as President, especially considering that the role of President Pro Tempore is largely honorific and traditionally held by the longest-serving senator of the majority party. There are also concerns about the mixing of branches of government, as the President Pro Tempore of the Senate is part of the legislative branch.
The terrorist attacks of September 11, 2001, brought to light the potential for a disaster that could kill or incapacitate multiple individuals in the line of succession. This has led to ongoing discussions about continuity of government and the need for reform in the laws governing presidential succession.
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The Speaker of the House
The Constitution includes a line of succession to ensure the continuity of government in the event of a presidential vacancy. The line of succession is mentioned in two places in the Constitution: Article 2, Section 1, and the 25th Amendment.
The inclusion of the Speaker of the House in the line of succession has been a topic of debate. Some have argued that the Speaker should not be included due to concerns about the mixing of branches of government. There have also been questions about the constitutional eligibility of the Speaker of the House to act as president. Despite these debates, the Speaker of the House has been included in the line of succession since the Presidential Succession Act of 1947.
On a few occasions, the Speaker of the House has been briefly first in line to succeed the president. For example, in 1973, after the resignation of Vice President Spiro Agnew, Speaker of the House Carl Albert was briefly first in line to succeed President Richard Nixon until Gerald Ford was sworn in as vice president. While the Speaker of the House has come close to assuming the presidential duties, no officer beyond the vice president in the line of succession has ever had to act as president.
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Frequently asked questions
The US Constitution includes a line of succession to ensure the country has a leader at all times.
The Vice President is first in line to the US Presidency.
The Presidential Succession Act of 1947 outlines the line of succession after the Vice President. It includes the Speaker of the House and President Pro Tem of the Senate.
In this scenario, Section 4 of the 25th Amendment authorises the Vice President, along with a majority of the President's cabinet or Congress, to decide on the President's ability to perform their duties. If the group agrees that the President is unable to perform their duties, the Vice President automatically assumes the President's powers.
One concern is that all figures in the line of succession typically reside near Washington, D.C. In the event of a disaster, it is possible that everyone in the line of succession could be killed or incapacitated. To mitigate this, one individual in the line of succession is selected as a "designated survivor" and stays at a secure location during certain events.
