Acting President of the United States facts for kids

An acting president of the United States is someone who takes on the job and responsibilities 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. Reasons include if the president becomes sick, dies, resigns, or is removed from office.

There is a special list called the presidential line of succession. This list shows which government officials would become acting president. It also applies if a president-elect (someone chosen to be president) is not ready by Inauguration Day.

The U.S. Constitution talks about who takes over the presidency. This is found 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 become president if the vice president also couldn't serve. This has never happened. The current Presidential Succession Act was passed in 1947 and 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
• Then, leaders of the federal 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 be acting president if the president is temporarily unable to do their job. If both the president and vice president positions are empty, someone from the succession list acts as president. They do not officially become president. So far, three vice presidents have briefly served as acting president.

Rules for Being Acting President

Who Can Be Acting President?

The rules for being an acting president are the same as for being president. Article II, Section 1, Clause 5 of the Constitution lists three main requirements:

• 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 Presidential Succession Works

Article II, Section 1, Clause 6 says the vice president is first in line to take over. It also gives Congress the power to make laws about who would act as president if both the president and vice president could not serve.

Two important changes (amendments) to the Constitution explain more about presidential succession:

• The Twentieth Amendment, Section 3:
  • If the president-elect dies before their term starts, the vice president-elect becomes president. They serve the full term.
  • If a president is not 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, Sections 3 and 4:
  • Section 3 allows the president to temporarily give their powers to the vice president. The vice president then becomes acting president. The president does this by telling the President pro tempore of the Senate and the Speaker of the House. The vice president remains acting president until the president says they are ready to take back their powers.
  • Section 4 explains how to remove the president's powers without their agreement. This happens if the vice president and most of the 15 Cabinet secretaries tell Congress 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 another letter to Congress. If this second letter arrives within four days, Congress debates and votes on the matter. To keep the vice president as acting president, two-thirds of both the House and Senate must agree. If no second letter arrives in time, or if Congress doesn't vote within 21 days, the president gets their powers back.

History of Acting Presidents

Before the 25th Amendment

Before the 25th Amendment, there were some unclear situations about who should take over.

An old drawing shows John Tyler getting news that President Harrison died.

On April 4, 1841, just one month after his inauguration, William Henry Harrison died. He was the first U.S. president to die in office. This caused a problem because the Constitution was not clear about what should happen.

After Harrison's death, his Cabinet (his top advisors) met. They thought John Tyler, Harrison's vice president, should take over as "Vice-President acting President." But Tyler disagreed. He believed the Constitution gave him full presidential powers. He was sworn in as president. This set an important rule, known as the Tyler Precedent. It showed how power would be transferred smoothly if a president died.

Some members of Congress, like former president John Quincy Adams, thought Tyler should only be a temporary leader. They thought he should still be called "acting president" or remain vice president. Senator Henry Clay also saw Tyler as just the "vice-president."

But Tyler insisted he was the full president and would use all presidential powers. Both the Senate and House of Representatives agreed that Tyler was the president. This rule was followed seven more times when a president died in office. It was later made official in the 25th Amendment.

Even with this rule for presidential death, questions remained about a president's "inability." What did "inability" mean? Who decided if a president was unable to serve? Did the vice president become president for the rest of the term, or just act as president? Because it was unclear, vice presidents were careful not to step in if a president was sick.

Two times, the government had problems because there was no clear rule for a president being unable to work:

• In 1881, President James A. Garfield was shot. For 79 days, he was unable to do his job before he died. Leaders in Congress wanted Vice President Chester A. Arthur to take over. But Arthur was afraid people would say he was trying to steal the presidency. He stayed hidden in his New York City home for most of that summer.
• From October 1919 to March 1921, President Woodrow Wilson had a serious stroke. He was almost blind and partly paralyzed. He spent the last 17 months of his presidency hidden in the White House. Vice President Thomas R. Marshall, the Cabinet, and the country did not know how sick the president was for months. This was kept secret by First Lady Edith Wilson, the president's doctor, and his secretary. Marshall was too scared to ask about Wilson's health. He also avoided leading Cabinet meetings. He feared being accused of wanting Wilson's job.

After the 25th Amendment

The 25th Amendment was suggested by Congress and approved by the states in 1967. As mentioned, it created clear rules for when a president is unable to serve or when there is a vacancy.

Since the amendment became law, the president's powers have only been transferred voluntarily (using 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 had a medical procedure under general anesthesia.