Presidential SuccessionPresidential Succession

Stephanow, 2006Stephanow, 2006

Presidential Succession Act of 1947Presidential Succession Act of 1947

Vice PresidentVice President Speaker of the HouseSpeaker of the House Senate Pro TemSenate Pro Tem Secretary of StateSecretary of State Secretary of TreasurySecretary of Treasury Secretary of DefenseSecretary of Defense Attorney GeneralAttorney General Etc.Etc.

Cabinet in order of creation.

Attempt in 2004 to change order, Attempt in 2004 to change order, but failed in Cg.but failed in Cg.

Vice PresidentVice President Secretary of StateSecretary of State Secretary of TreasurySecretary of Treasury Secretary of DefenseSecretary of Defense Attorney GeneralAttorney General Secretary of Homeland SecuritySecretary of Homeland Security

2525thth Amendment (1967) Amendment (1967)Presidential Disability & SuccessionPresidential Disability & Succession

Sec. 1:Sec. 1: In case of the removal of the Pres. In case of the removal of the Pres. from office or his death, or resignation, the from office or his death, or resignation, the VP shall become Pres. (provided for in Art. VP shall become Pres. (provided for in Art. II.)II.)

2525thth Amendment (1967) Amendment (1967)Presidential Disability & SuccessionPresidential Disability & Succession

Sec. 2: Sec. 2: Whenever there is a vacancy in the Whenever there is a vacancy in the office of the VP, the Pres. shall nominate a office of the VP, the Pres. shall nominate a VP who shall take office upon confirmation VP who shall take office upon confirmation by a majority of both houses of Cg.by a majority of both houses of Cg.

2525thth Amendment (1967) Amendment (1967)Presidential Disability & SuccessionPresidential Disability & Succession

Sec. 3: Sec. 3: Allows the Pres. to declare himself Allows the Pres. to declare himself disabled and step aside temporarily for disabled and step aside temporarily for health or other reasons without resigning.health or other reasons without resigning.

--Must be in writing to Speaker and Pro Tem.Must be in writing to Speaker and Pro Tem.

-Turns duties and powers over to VP to be “Acting -Turns duties and powers over to VP to be “Acting Pres.”Pres.”

-May resume duties and powers upon another -May resume duties and powers upon another letter.letter.

Presidential Letter on Transfer of Constitutional Powers Text of a Letter from the President to the Speaker of the House of Representatives

June 29, 2002

Dear Mr. Speaker:

As my staff has previously communicated to you, I will undergo this morning a routine medical procedure requiring sedation. In view of present circumstances, I have determined to transfer temporarily my Constitutional powers and duties to the Vice President during the brief period of the procedure and recovery.

Accordingly, in accordance with the provisions of Section 3 of the Twenty-Fifth Amendment to the United States Constitution, this letter shall constitute my written declaration that I am unable to discharge the Constitutional powers and duties of the office of President of the United States. Pursuant to Section 3, the Vice President shall discharge those powers and duties as Acting President until I transmit to you a written declaration that I am able to resume the discharge of those powers and duties.

Sincerely,

GEORGE W. BUSH

http://www.whitehouse.gov/news/releases/2002/06/20020629-5.html

Presidential Letter Resuming Constitutional Powers Text of a Letter from the President to the Speaker of the House of Representatives

June 29, 2002

Dear Mr. Speaker:

In accordance with the provisions of Section 3 of the Twenty-Fifth Amendment to the United States Constitution, this letter shall constitute my written declaration that I am presently able to resume the discharge of the Constitutional powers and duties of the office of President of the United States. With the transmittal of this letter, I am resuming those powers and duties effective immediately.

Sincerely,

GEORGE W. BUSH

http://www.whitehouse.gov/news/releases/2002/06/20020629-3.html

2525thth Amendment (1967) Amendment (1967)Presidential Disability & SuccessionPresidential Disability & Succession

Sec. 4:Sec. 4: Allows other to make the decision about Allows other to make the decision about presidential disability.presidential disability.

-VP and maj. of cabinet secretaries.-VP and maj. of cabinet secretaries.

-Must be in writing to Speaker & Pro Tem.-Must be in writing to Speaker & Pro Tem.

-Turns duties & powers over to VP to be “Acting Pres.”-Turns duties & powers over to VP to be “Acting Pres.”

-Must be “checked” by Cg. within 48 hours and have 21 -Must be “checked” by Cg. within 48 hours and have 21 days to vote. Must have a 2/3 vote in both houses of Cg. days to vote. Must have a 2/3 vote in both houses of Cg. to keep disability declaration.to keep disability declaration.

-Pres. may resume duties & powers upon another letter by -Pres. may resume duties & powers upon another letter by VP & maj. of cab. secs. OR failure of 2/3 vote of Cg.VP & maj. of cab. secs. OR failure of 2/3 vote of Cg.

What Would Happen?What Would Happen?

Use Succession Act Use Succession Act

and 25and 25thth Amendment Amendment

The President is notified by his The President is notified by his doctor that he needs open-heart doctor that he needs open-heart surgery, and that he will be surgery, and that he will be heavily sedated during the heavily sedated during the surgery and afterwards. The surgery and afterwards. The President realizes that he will be President realizes that he will be unable to discharge his duties for unable to discharge his duties for at least a month. at least a month. – What should he do?What should he do?– Will the VP become President?Will the VP become President?– What if the Pres. wants his position What if the Pres. wants his position

back again when he is well?back again when he is well?

The President resigns and the The President resigns and the Vice-President becomes Vice-President becomes President. Before the office of President. Before the office of Vice-President is filled, the new Vice-President is filled, the new President dies.President dies. – Who becomes President?Who becomes President?– Who becomes Vice-President?Who becomes Vice-President?

The President and the Vice-The President and the Vice-President are both President are both assassinated in the same assassinated in the same incident.incident. – Who becomes President?Who becomes President?– Who becomes Vice-President?Who becomes Vice-President?

A new President is elected and A new President is elected and takes the oath of office. Before takes the oath of office. Before any new cabinet officers are sworn any new cabinet officers are sworn into office, terrorists kill the into office, terrorists kill the President, Vice-President, the President, Vice-President, the Speaker of the House, and the Speaker of the House, and the President Pro Tempore in the President Pro Tempore in the Senate.Senate.– Who becomes President?Who becomes President?– Who becomes Vice-President?Who becomes Vice-President?– Who becomes Senate Pro Tem?Who becomes Senate Pro Tem?– Who becomes Speaker of the House?Who becomes Speaker of the House?

A President becomes mentally A President becomes mentally disabled and appears to be disabled and appears to be incapable of discharging the incapable of discharging the duties of his office. He refuses duties of his office. He refuses to recognize the problem and to recognize the problem and insists on holding the office of insists on holding the office of President.President.– What can be done?What can be done?