Home > Presidential Succession Act

See: United States presidential line of succession

1 History

The first version of the Presidential Succession Act was adopted in 1792, establishing that in the event of the death of the President and Vice President, the President Pro Tempore of the Senate would act as President, followed by the Speaker of the House of Representatives. There were also concerns about including the Chief Justice of the Supreme Court in the order, but ultimately he was excluded due to concerns about separation of powers - ironic, considering that two legislative officers were placed immediately after the Vice President in the order.

In 1886 a new version of the act was enacted by Congress, removing the Congressional officers and replacing them with the officers of the Cabinet; the Secretary of State being first in line after the Vice President. The rationale was logical: six former Secretaries of State had gone on to be elected President, whereas no Congressional leaders had done so to that time. This order stayed in place unchanged for 61 years.

Following World War II and the death of President Franklin D. Roosevelt, successor Harry S. Truman pushed for modification of the law, and ultimately it resulted in passage of the Presidential Succession Act of 1947. The new law put the Congressional officers back in the line of succession directly after the Vice President, but switched their order - the Speaker of the House of Representatives first and the President Pro Tempore second. The Cabinet officers then followed in the order in which their respective departments were originally created.

With the creation of the Department of Homeland Security in 20022002 is a common year starting on Tuesday (see link for calendar). 2002 was the first palindromic year since 1991 and the last until 2112. 2002 was also designated: International Year of Ecotourism and Mountains National Science Year in the United Kingdom however, its Secretary was not placed in the order of succession. Many in Congress felt the Secretary should be placed not at the bottom of the order, but at various places ranging from fourth to eighth on the list. The rationale was that, as the Secretary would already be responsible for disaster relief and security, he/she would be more capable of acting as President than some others on the list. Despite nearly three years of debate, today the matter is unresolved and the Secretary of Homeland Security is not part of the presidential succession at all.

2 Text of Law

(a)

(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.

(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection.

(b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President.

(c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that -

(1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and

(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals.

(d)

(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs.

(2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service.

(3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President.

(e)

(1) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them.

(2) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President.