Acting President of the United States facts for kids

An acting president of the United States is someone who takes on the duties and powers of the president of the United States. They do this even though they are not officially the president. This happens if the current president cannot do their job. This could be because they are sick, pass away, resign, or are removed from office.

There is a clear plan for who takes over, called the presidential line of succession. This plan lists officials in the U.S. government who can become acting president. This also applies if a president-elect (someone chosen to be president but not yet in office) hasn't been picked or can't take office by Inauguration Day.

The rules for who becomes president are found in the U.S. Constitution. These rules are in Article II, Section 1, Clause 6, the Twentieth Amendment, and the Twenty-fifth Amendment. The vice president is the only person directly named in the Constitution to take over. Congress can decide who else would take over if the vice president also couldn't. This has never happened.

The current law, called the Presidential Succession Act, was last updated in 2006. The order of who takes over is:

• The vice president
• The Speaker of the House of Representatives
• The President pro tempore of the Senate (a leader in the Senate)
• Then, the heads of the federal government departments (the president's Cabinet). They follow the order their departments were created, starting with the Secretary of State.

The vice president immediately becomes president if the president dies, resigns, or is removed. If a president-elect dies or decides not to serve, the vice president-elect becomes president on Inauguration Day. A vice president can also serve as acting president if the president is temporarily unable to do their job. If both the president and vice president positions are empty, the next person in line would act as president. They would not officially become president. So far, three vice presidents have briefly served as acting president without becoming the actual president.

Who Can Be Acting President?

The rules for being an acting president are the same as for being the president.

• You must be a natural-born citizen of the United States.
• You must be at least 35 years old.
• You must have lived in the United States for at least 14 years.

How Does Presidential Succession Work?

The Constitution and some amendments explain how presidential succession happens.

The Vice President is First in Line

Article II, Section 1, Clause 6 says the vice president is the first to take over. It also lets Congress decide who acts as president if both the president and vice president cannot serve.

What Do the Amendments Say About Succession?

Two important amendments add more details about who takes over:

The Twentieth Amendment's Role

• If the president-elect dies before their term starts, the vice president-elect becomes president. They serve the full term.
• If a president hasn't been chosen or doesn't qualify by Inauguration Day, the vice president-elect acts as president. They serve until a president is chosen or qualifies.
• Congress can also make rules for when neither a president-elect nor a vice president-elect qualifies.

The Twenty-fifth Amendment's Rules

Sections 3 and 4 of the Twenty-fifth Amendment deal with times when the president cannot do their job.

• Voluntary Transfer of Power: The president can temporarily give their powers to the vice president. This happens if the president tells the Senate leader and the House Speaker they cannot do their job. The vice president then becomes acting president. They stay acting president until the president says they are ready to take back their powers.
• Involuntary Transfer of Power: This section allows the president's powers to be taken away without their permission. This happens if the vice president and most of the 15 Cabinet secretaries write a letter. They tell the Senate leader and House Speaker that the president cannot do their job. The vice president then immediately becomes acting president. If the president says they are still able to do their job, the vice president and Cabinet can send a second letter. If this letter is sent within four days, Congress debates and votes on it. To keep the vice president as acting president, two-thirds of both the House and Senate must agree. If no second letter is sent within the time limit, or if Congress doesn't vote within 21 days, the president gets their powers back.

History of Acting Presidents

Before the Twenty-fifth Amendment, there were some confusing times about who should be president.

Early Days: Before the Twenty-fifth Amendment

An old drawing shows John Tyler on his porch. A man brings him news that President Harrison has died.

On April 4, 1841, President William Henry Harrison died just one month after becoming president. This was the first time a U.S. president died in office. It caused a big debate because the Constitution wasn't clear about what should happen.

Harrison's Cabinet thought his vice president, John Tyler, should be called "Vice-President acting President." But Tyler disagreed. He said the Constitution gave him all the powers of the presidency. He was sworn in as president. This was a very important decision. It set a rule for how power would be transferred when a president died. Even so, some people in Congress, like former president John Quincy Adams, thought Tyler should only be a temporary leader.

Tyler stuck to his claim to be the full president. Both the Senate and House agreed. The rule he set in 1841 was followed seven more times when a president died. This happened before the Twenty-fifth Amendment made the process official.

Even with this rule, questions remained about when a president was "unable" to do their job. What exactly counted as an inability? Who decided it? And would the vice president become president for good, or just act as president? Because it wasn't clear, later vice presidents were careful not to step in when a president was sick.

Here are two examples where the government struggled because there was no clear rule:

• In 1881, President James A. Garfield was shot. For 79 days, he was unable to work before he died. Vice President Chester A. Arthur was asked to take over. But he was afraid people would think he was trying to steal the presidency. So, he stayed mostly hidden.
• From 1919 to 1921, President Woodrow Wilson had a serious stroke. He was nearly blind and partly paralyzed. He spent the last 17 months of his presidency hidden in the White House. His wife, doctor, and secretary kept how sick he was a secret. Vice President Thomas R. Marshall was scared to ask about Wilson's health. He feared being accused of wanting the president's job.

Modern Times: Since the Twenty-fifth Amendment

The Twenty-fifth Amendment was approved in 1967. It created clear steps for when a president is unable to serve or when succession happens. So far, the president's powers have only been transferred voluntarily (Section 3). Section 4, which covers taking powers without the president's consent, has never been used.

Three vice presidents have served as acting president four times. Each time, it was while the president was having a medical procedure under general anesthesia.

See also

• United States presidential line of succession