A Lesson in Politics: Presidential Line of Succession

Okay, friends. Let’s talk the Presidential Line of Succession. As we get farther and farther along into 45’s presidency, the more this topic comes up. But what exactly is it and how does it work?

History of the Presidential Succession Act
While the Framers made a lot of decisions, they also left a fair number of Important Decisions up to Congress (who thought that was a good idea?) — including the presidential line of succession. The first time Congress took a stab at defining the line of succession was in 1792.

In 1791, a House Committee began this discussion, proposing that the next-in-line fall to the senior Member of the Cabinet — Secretary of State. If you remember anything from your American history classes — or you’ve listened to Hamilton — the Federalists and the Democratic Republicans butted heads. Federalists did not want Thomas Jefferson, then Secretary of State, to take power if something happened to Washington and Adams. Furthermore, the House and the Senate each wanted their ranking number to take the top place in the line of succession. After a nine month recess, Congress resumed and came to a compromise — if the Vice President was incapacitated, the President Pro-Tempore of the Senate would be next in the line of succession, followed by the Speaker of the House. This act also required a special election for president to be held by December of that year. The Presidential Succession Act of 1792 passed and wasn’t revisited until 1886.

In 1886, Congress decided to replace the President Pro-Tempore of the Senate and the Speaker of the House with members of the president’s Cabinet. The order of succession was established based on the order that each position was created — leaving Secretary of State as the next-in-line for the presidency if something happened to both the president and the vice president. This new act also removed the requirement of a special election for president. Previously, Congress had questioned whether they had the authority to call for a special election of a president once a new one had been sworn in.

However, there were problems with the Presidential Succession Act of 1886, too. Scholars argued that removing the necessity of a special election and requiring the new, acting president to call a special session of Congress to determine whether they should hold a special election was still constitutionally ambiguous. It was feared that if the new, acting President was of one party, but the overall majority of Congress was made up of the opposing party that they could stage an ouster.

Congress last revisited this law in 1947, where they reversed the provision that determines the line of succession. The new law inserted the Speaker of the House as the second-in-line after the Vice President and the President Pro-Tempore of the Senate as third-in-line. They are followed by the Cabinet, in rank order (as the Presidential Succession Act of 1886 dictates). President Truman advocated for this order of succession, arguing that the Speaker of the House was the “elected representatives of the people.”

But isn’t the 25th Amendment also involved?
It is, in fact, involved in the presidential line of succession! The 25th Amendment was introduced and passed as a way to further clarify some uncertainty that remained after the passage of the Presidential Succession Act of 1947. There was lingering concern over what happened if something happened to the President of the United States and who became the Vice President… so they codified it into an amendment.

The 25th Amendment has four parts:

1. States that the Vice President takes over the presidency if something happens to the president.
2. Whenever there is a vacancy in the vice presidency, the President gets to nominate whomever they would like and then the person must be confirmed by a majority of Congress.
3. The President may transmit, in writing, to the President Pro-Tempore of the Senate and the Speaker of the House, that they are unable to fulfill the duties the office requires. Until they state that they are able to take on the duties once more, the Vice President becomes the Acting President.
4. The Vice President and the Cabinet and/or Congress may transmit, in writing, to the President Pro-Tempore of the Senate and Speaker of the House that the President is unable to carry out their duties and in this instance, the Vice President becomes Acting President. The President can argue, in writing, that they are fit to hold the office and the Vice President and the Cabinet and/or Congress can counter that they are unfit. Congress is then left to decide.

The purpose of the 25th Amendment was to ensure a continuity in government in the event that something happened to the President of the United States. With the passage of this amendment, there would be no doubt who would take on what duties and how the vice presidency would be filled. It also provided a method for the president to withdraw from office… which previously did not exist. Since its passing, it has been invoked six times.

This amendment came on the heels of the assassination of President Kennedy. Per the Constitution, Lyndon B. Johnson, the then-Vice President, would take on the role of president… but because the uncertainty around the Presidential Succession Act, Johnson was left without a Vice President until his own inauguration in 1965.

Wait… so break this down for me again.
CJ Cregg is President and Donna Moss is Vice President. Say something happens to CJ, then Donna would become President.

Then who would become Vice President?
Donna would get to appoint anyone she wanted. There’s no line of succession for VP.

What happens if CJ and Donna are out of commission?
It would go to the Speaker of the House.

Okay… so what happens if the president is temporarily incapacitated, but also doesn’t have a Vice President yet?
Have you not seen this episode of The West Wing? You should fix that.

The West Wing, “Twenty Five”

But really…
If the president is temporarily incapacitated and a Vice President has yet to be confirmed by Congress, the Speaker of the House would become Acting President. Once the President could resume their powers and duties, the Acting President would step back.

Does the Acting President (if a Member of Congress) have to resign their position?
If the Speaker of the House or President Pro-Tempore of the Senate were to become Acting President or President of the United States, they would have to resign from their position in Congress. It is unconstitutional to hold two government positions (in two branches of the government no less) at the same time.

What is the line of succession?

Glad you asked.

1. Vice President
2. Speaker of the House
3. President Pro-Tempore of the Senate
4. Secretary of State
5. Secretary of the Treasury
6. Secretary of Defense
7. Attorney General
8. Secretary of the Interior
9. Secretary of Agriculture
10. Secretary of Labor
11. Secretary of Health and Human Services
12. Secretary of Housing and Urban Development
13. Secretary of Transportation
14. Secretary of Energy
15. Secretary of Education
16. Secretary of Veterans Affairs
17. Secretary of Homeland Security