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Understanding Presidential Succession: Constitutional Provisions and Current Order

This overview of presidential succession outlines the constitutional framework established in Article II, Section 1, and the 20th and 25th Amendments. It discusses the procedures in case of presidential vacancy, including transfer of power to the Vice President, as well as the Presidential Succession Acts of 1792 and 1947. Additionally, it highlights the current order of succession and safeguards in place to ensure the continuity of government in the event of an emergency. The document also addresses criticisms and challenges related to succession.

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Understanding Presidential Succession: Constitutional Provisions and Current Order

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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 • Vacancy in VP filled by app’t by the new President (confirmed by both chambers w/ majority vote)

  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 John Boehner • President Pro Tempore Patrick Leahy • Secretary of State John Kerry • Secretary of the Treasury Jack Lew • Secretary of Defense Robert Gates • Attorney General Eric Holder

  5. Order of Succession • Secretary of Interior Sally Jewell (born in Great Britain) • Secretary of Agriculture Tom Vilsack • Secretary of Commerce Penny Pritzker • Secretary of Labor Thomas Perez • 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 Ernest Moniz • Secretary of Education Arne Duncan • Secretary of Veterans Affairs Eric Shinseki • Secretary of Homeland Rand Beers (acting)

  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 • One DC nuke away from killing all successors • Swine flu / viral / biological attack could cause mass vacancies in DC • 25th Amendment makes all of this unnecessary! Left, Speaker; Right, Pres. Pro Temp = 25th Am

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