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Matt Soniak
Who’s Next? A Look at Presidential Succession
by Matt Soniak - September 17, 2008 - 2:59 PM

white-house.jpg

Between 1841 and 1975, more than a third of U.S. presidencies ended abruptly because of death, resignation or disability. But even with the leader of the free world gone, the country never descended into anarchy. How’d we pull that off?

Well, there’s this nifty little thing called the line of presidential succession, which lays out who steps up to become, or act as, President upon the death, resignation, removal or incapacitation of a sitting president or president-elect.

How does it work? And does it work? Let’s start at the beginning…

The Law of the Line

Succession law begins with the Presidential Succession Act of 1792, which declared that should the office of the president become vacant, the VP, the President pro tempore of the Senate and the Speaker of the House would be in line to act as president until a special election could be held to fill the office.

james-garfield.jpgWhen President Garfield (pictured) was assassinated in 1881, there was no President pro tempore or Speaker of the House in office, which left no line after the vice president. To guard against future situations like that, President Cleveland asked Congress to revise the Succession Act in 1885. The new act was passed a year later, with the officers of the President’s Cabinet replacing the President pro tempore and Speaker of the House in the order in which the cabinet offices were established.

The order of the line changed once more with another succession act in 1947. The President pro tempore and Speaker of the House were added back to the line ahead of the cabinet officers, but with their positions from the 1792 act switched.

The line has stayed the same since 1947, but one more piece of important succession legislation came in 1967. The 25th Amendment clarified some ambiguous succession language in the Constitution and set a procedure for filling a vacant vice president’s office. Prior to the amendment, if the VP died, resigned or succeeded the president, their office remained vacant (in fact, the country has gone a total of 37 years without a VP). The amendment established that the president would nominate a new VP, who would then be confirmed by a majority vote in Congress.

If something were to happen to the President today…

The current line of succession is:

  • The Vice President – Dick Cheney
  • Speaker of the House – Nancy Pelosi
  • President pro tempore of the Senate –  Robert Byrd
  • Secretary of State – Condoleezza Rice
  • Secretary of the Treasury – Henry Paulson
  • Secretary of Defense – Robert Gates
  • Attorney General – Michael Mukasey
  • Secretary of the Interior – Dirk Kempthorne
  • Secretary of Agriculture – Edward T. Schafer
  • Secretary of Commerce – Carlos Gutierrez
  • Secretary of Labor – Elaine Chao
  • Secretary of Health and Human Services – Mike Leavitt
  • Secretary of Housing and Urban Development – Steven C. Preston
  • Secretary of Transportation – Mary E. Peters
  • Secretary of Energy – Samuel Bodman
  • Secretary of Education – Margaret Spellings
  • Secretary of Veterans Affairs – James Peake
  • Secretary of Homeland Security – Michael Chertoff

There are a few catches here. One, every person in the line has to meet the eligibility requirements of the presidency to step into the position. Both Secretary Gutierrez and Secretary Chao are ineligible because they were born in Cuba and Taiwan, respectively. Likewise, any member of the cabinet who is under 35 or hasn’t resided in the U.S. for 14 years is ineligible to become president. Two, some members of the cabinet, like the White House Chief of Staff, are not in the line of succession. Only secretaries of departments in the executive branch are included.

The End of the Line

What if the excrement hits the air-conditioning, though, and everyone in the line is unable to assume the presidency? None of the current succession laws say anything about it. Instead, the government is just very careful about keeping everyone in the line from being in the same place at the same time. For events that all persons in the line usually attend – the State of the Union address, joint sessions of Congress, presidential inaugurations – one member of the cabinet eligible for the presidency is selected as the designated survivor and hidden in an undisclosed location for the duration of the event. In case disaster strikes, the designated survivor will be able to take charge.

Bonus Succession Trivia

Presidents Arthur, Coolidge, Fillmore, Ford, Andrew Johnson, Lyndon Johnson, Theodore Roosevelt, Truman and Tyler all became president by succession.
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When President Arthur traveled, he left an envelope at the White House addressed simply to “The President.” If something happened to him, he assumed the right person would open it.
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GeraldFord.jpg

Gerald Ford has to be the man who benefited most from the line of succession. Nixon’s vice president, Sprio Agnew, resigned after the 25th Amendment was ratified. President Nixon nominated Ford to fill the spot. Not long after that, Nixon resigned, and Ford took another step up the ladder. The system works!
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For a period of time, the Postmaster General was the senior officer of the Post Office Department – a part of the cabinet – and the last person in the line of succession. In 1971, the Post Office Department became the U.S. Postal Service and the Postmaster General was removed from both the cabinet and the line.
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The line of succession has a few kinks in it. For one thing, the Constitution doesn’t allow members of the legislative branch to also serve in the executive branch (what with the separation of powers and all). If the Speaker of the House or the President pro tempore had to assume the presidency, they would first need to resign from their current position, which means they would be out of the line. If you’re a stickler for details, this could be a bit of a paradox.
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Succession law also doesn’t provide any direction for a situation where a former president ineligible to serve another term is in the line of succession (if they don’t close that loophole, it’s a great way for Slick Willy to sneak back into office).
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Of course, the kinks haven’t been a problem, since no officer beyond the vice president has ever been called upon to become, or act as, President.

If you’ve got a burning question that you’d like to see answered here, shoot me an email at flossymatt (at) gmail.com. Twitter users can also make nice with me and ask me questions there. Be sure to give me your name and location (and a link, if you want) so I can give you a little shout out.

Comments (15)
  1. This was actually something that came up in the graphic novel series Y the Last Man, and something I’d found fascinating when reading it. In it, the Secretary of Education ends up in the top seat because she’s the first one scanning down the list that managed to survive. Around the same time, I vaguely remember seeing several other (regular) novels that had a major catastrophic event that lead to some need to follow the succession chain. It was one of those things I hadn’t thought much about until I’d seen it in a fictional context.

    It’s interesting to see what the question of succession does in the hands of popular culture, and how it plays off of fears you may not have realized you’d had about the process.

  2. Actually, whether or not an ineligible former president can become president through succession is still up for debate, because some would say the former president would be ineligible because he has served two terms.

  3. Question came up in the course of conversation–what happens if the President elect passes away prior to being inaugurated? Would the VP elect automatically become President elect? Would a special election become necessary?

  4. “If the Speaker of the House or the President pro tempore had to assume the presidency, they would first need to resign from their current position, which means they would be out of the line. ”

    No, you can get promoted without resigning first! You would automatically lose your previous position. It’s designed so you can’t serve in both branches concurrently. Ford didn’t have to resign before he replaced Agnew– as soon as he was picked, his Senate seat was vacant.

    OK, ‘Designated Survivor” is the coolest term ever, and someone should title their next album that.

  5. A while ago I tried figuring out where in the presidential line of succession would the actor Kurt Russell come in… apparently there’s nothing concrete enough to say!

  6. President Roslyn was head
    of the Department of Ed
    before the Cylon in bed
    helped make everyone dead.

    (Apologies for the rhyming mood).

  7. I agree, “Designated Survivor” is the most awesomest term ever.

    Is what’s listed the entire line? I ask because the 12 Colonies apparently have a longer line . . . Laura Roslin was 47th in line, I believe (or some ridiculously large number like that). At least we know that lineage thing works . . . at least in science fiction. :-D

  8. That’s the size of every list I’ve seen. I teach Govt, so I have all kinds of useless/interesting trivia like that lying around.
    Right now I’m checking on that prez-elect question. I believe that if the electoral college has met (Dec 16) then the elected VP would take over, since the vote has been cast and confirmed. If he died between Nov 5 and Dec 16, I don’t know what would happen. The electors MUST meet in December, and THAT is the official vote, not the one in November.

    So, maybe the electors would be able to vote for whomever… they are always chosen from the winning party, but some states do not have laws requiring electors to vote the way the state voted, and the Constitution doesn’t require it, either…things could get pretty weird.

  9. “Sprio” should be Spiro Agnew.

    I only know Agnew as the headless body of Agnew, from Futurama. Aroo

  10. In a quiz on the Constitution in the newspaper, it says that a President can serve a maximum of 10 years.

    So my question is this:
    Suppose Pres X dies in the first month of office and the VP Y becomes president and serves out the term of 3 years, 11 months. Then he goes on to win two elections. Do we have to have a special election in the middle of his 2nd term? Or is he ineligable to run a 2nd time?

    I don’t understand the 10 years limitation.

  11. 10 years limitation is designed so that if the VP (or anyone else in the line of succession) becomes president, they may run for 2 full terms if they serve less than half of the term they take over. So in that example, he would be ineligible to run a second time.

  12. I also agree that “Designated Survivor” is the coolest term I’ve ever read.

    Does anyone know if that is the official term or if Mr. Soniak made it up. Either way, it is still cool!

  13. this is a test

  14. Always good to know how this one works!

  15. “Is what’s listed the entire line? I ask because the 12 Colonies apparently have a longer line . . . Laura Roslin was 47th in line, I believe (or some ridiculously large number like that). At least we know that lineage thing works . . . at least in science fiction.”

    If we assume that each colony had a president, vp, cabinet, etc… each planet would have at least 4 to 12 int he line. If the president of the colonies dies, the VP, would assume, and once they run out of officers in the Colonies, then I would assume that the presidents of the individual colonies would be in line, followed by the VP, etc… So in reality, 47 seems kinda high for Roslyn, probably should be closer to 156th in line.

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