Homework: Assignment 8 for Monday
Unit 4, Chapter 7
AP Government and Politics
7.1

Article II of the Constitution
 “In Case of the Removal of the
President from Office, or of his
Death, Resignation, or Inability to
discharge the Powers and Duties of
the said Office, the Same shall
devolve on the Vice President,” …

The Presidential Succession Act
of 1947
 Established the order of succession
▪ VP, Speaker, Pro-tem, Sec of State

The 25th amendment
 Provided for presidential disability and
other situations

The Act includes a provision allowing “prior entitled
individuals” to “bump” an acting president, meaning if the
secretary of State becomes acting president because the
president, vice president and Congressional leaders have
been killed, but the House then elects a new Speaker, that
Speaker would become the new acting president and bump
the secretary of State out of the presidency.
 This creates a game of musical chairs with the presidency and
would cause great instability.

(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,

Section 1. In case of the removal of the President from office or of his death or
resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the
President shall nominate a Vice President who shall take office upon
confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the Pres transmits to the Pres pro tempore of the Senate
and the Speaker…his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by the
Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal
officers of the executive departments…, transmit to the Pres pro tempore of the
Senate and the Speaker… their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice Pres shall immediately
assume the powers and duties of the office as Acting President…

Thereafter, when the President transmits to the Pres pro tempore of the
Senate and the Speaker… his written declaration that no inability exists, he
shall resume the powers and duties of his office unless the Vice President and
a majority of either the …officers of the executive department or of such
other body as Congress may by law provide, transmit within four days to the
Pres pro tempore… and the Speaker…their written declaration that the
President is unable to discharge the powers and duties of his office.
Thereupon Congress shall decide the issue, assembling within forty-eight hours
for that purpose if not in session.
If the Congress, within twenty-one days after receipt of the latter written
declaration, or, if Congress is not in session, within twenty-one days after
Congress is required to assemble, determines by two-thirds vote of both
Houses that the President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as Acting
President; otherwise, the President shall resume the powers and duties of his
office.

If the succession does run out, the House would elect a
new Speaker, who would then immediately become
the new President.

If the House cannot meet, the Senate would meet to
elect a new President pro tempore, who would then
immediately become the new President.

If neither the Senate nor the House could meet, the
Undersecretary of State, in his/her capacity as Acting
Secretary of State, would become the new President
until the House or Senate elects a Speaker or
President pro tempore.

Questions to consider:
 Are Speaker and Pro-Tem “officers” in the Constitutional
sense?
 Who is really most qualified?
▪ Are legislators competent to be executive?
 Must the successor be an elected official?
 Why Veterans Affairs or Education ahead of Homeland
Security?
 How important are these questions?