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Understanding U.S. Presidential Succession: Laws, Order, and Safeguards

This overview of U.S. presidential succession details the constitutional basis found in Article II and the relevant amendments, including the 20th and 25th Amendments. It summarizes key federal laws, like the Presidential Succession Acts of 1792 and 1947, outlining the current order of succession from Vice President to cabinet members. The page also discusses the safeguards in place to ensure successors are not in the same location simultaneously, the criticism surrounding the succession process, and potential vulnerabilities of the system to attacks and political differences.

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Understanding U.S. Presidential Succession: Laws, Order, and Safeguards

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  1. PresidentialSuccession Libertyville HS

  2. SourcesforSuccession • Constitution • Article II, Section 1, paragraph 6 (as amended) • 20th Amendment • If president dies before taking office, VP takes over as president • 25th Amendment • VP to become pres if… • Pres dead, resignation • Pres incapable of serving

  3. Sources for Succession • Federal Laws • Presidential Succession Act of 1792 (Pres Pro Temp, then Speaker, then Cabinet member) • Presidential Succession Act of 1947 (Flip flopped Speaker & Pres pro temp) • Never an acting officer; only appointed & confirmed by US senate (& qualified to be president) • Serve as pres until disability removed or new Pres elected

  4. Current Order of Succession • Vice President Joe Biden • Speaker Nancy Pelosi • President Pro Tempore Robert Byrd • Secretary of State Hillary Clinton • Secretary of the Treasury Tim Geithner • Secretary of Defense Robert Gates • Attorney General Eric Holder

  5. Order of Succession • Secretary of Interior Ken Salazar • Secretary of Agriculture Tom Vilsack • Secretary of Commerce Gary Locke • Secretary of Labor Hilda Solis • Secretary of Health and Human Services Kathleen Sebelius • Secretary of Housing and Urban Development Shaun Donovan

  6. Order of Succession • Secretary of Transportation Ray LaHood • Secretary of Energy Stephen Chu • Secretary of Education Arne Duncan • Secretary of Veterans Affairs Eric Shinseki • Secretary of Homeland Security Janet Napolitano

  7. Safeguards for Succession • President and all successors are never in the same place at the same time • One eligible successor, one house member from each party, and one senator from each party are randomly selected and are held separate and apart from all others • Purpose: to assure succession of government in event of death of everyone

  8. Criticism of Succession • Partisan difference between Executive, Legislative branch leadership • President pro temp is OLD! • One DC nuke away from killing all successors • Swine flu / viral / biological attack could cause mass vacancies in DC

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