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

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 Nancy Pelosi• President Pro Tempore

Robert Byrd• Secretary of State Hillary

Clinton• Secretary of the Treasury

Tim Geithner • Secretary of Defense Robert

Gates• Attorney General Eric

Holder

Order of Succession• Secretary of Interior Ken

Salazar• Secretary of Agriculture Tom

Vilsack• Secretary of Commerce Gary

Locke• Secretary of Labor Hilda Solis• 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

Stephen Chu• Secretary of Education

Arne Duncan• Secretary of Veterans

Affairs Eric Shinseki• Secretary of Homeland

Security Janet Napolitano

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

• President pro temp is OLD!• One DC nuke away from

killing all successors• Swine flu / viral / biological

attack could cause mass vacancies in DC