Presidential Succession

Libertyville HS

Sources for Succession• 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)

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

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

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

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)

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

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