Presidential Succession Act facts for kids
The United States Presidential Succession Act is a law that creates a plan for who becomes president if something happens to both the president and the vice president. The United States Constitution gives the Congress the power to make this law.
Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President...
Congress has passed a Presidential Succession Act three times: in 1792, 1886, and 1947. The current law is the 1947 Act, which was last updated in 2006.
This law has never been used to make someone in the line of succession the acting president. Today, it's even less likely to be used. This is because the Twenty-fifth Amendment created a way to fill the vice president's job if it becomes empty.
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Presidential Succession Act of 1792
The first time Congress had to decide on a line of succession, there was a lot of debate. The Constitution says Congress can choose an "Officer" to act as president, but lawmakers couldn't agree on who that should be.
Some wanted the leader of the Senate or the leader of the House of Representatives. Others suggested top government officials like the secretary of state.
At the time, the two main political groups, the Federalists and their opponents, disagreed. The Federalists did not want Thomas Jefferson, who was the secretary of state and leader of the opposing group, to be next in line for the presidency. There were also concerns that having a member of Congress act as president would violate the separation of powers between the branches of government.
Finally, in 1792, Congress passed the first Presidential Succession Act.
- It placed the leader of the Senate (the president pro tempore) first in line after the vice president.
- The leader of the House of Representatives (the speaker of the House) was second.
- The law also said that if both the presidency and vice presidency became empty, a special election would be held to choose a new president and vice president.
Times the 1792 Law Could Have Been Used
Although the law was never used, there were ten times when the vice president's office was empty. If the president had passed away or left office during one of these times, the leader of the Senate would have become the acting president.
There were a few close calls:
- In 1844, President John Tyler was on a ship when a cannon exploded during a demonstration. Several people were killed, but the president was unharmed. If he had not survived, the Senate leader, Willie Person Mangum, would have become acting president.
- In 1865, when President Abraham Lincoln was killed, there was also a plan to harm Vice President Andrew Johnson. The plan failed, and Johnson became president. If the plan had succeeded, Senate leader Lafayette S. Foster would have become acting president.
- In 1868, President Andrew Johnson was impeached by the House of Representatives. The Senate voted on whether to remove him from office, and he was saved by just one vote. If he had been removed, Senate leader Benjamin Wade would have become acting president.
Presidential Succession Act of 1886
In 1881, President James A. Garfield passed away after being attacked, and Vice President Chester A. Arthur became president. For a short time, the country had no vice president, no Senate leader, and no House leader. This showed that the 1792 law had serious problems.
Then, in 1885, Vice President Thomas A. Hendricks passed away. This left the country without a direct successor to President Grover Cleveland and pushed Congress to create a new law.
The new law, passed in 1886, changed the line of succession completely.
- It removed the leaders of Congress from the line.
- It added the president's main advisors, known as the Cabinet, to the line of succession.
- The Cabinet members were ordered based on when their department was created. The secretary of state was first, followed by the secretary of the treasury, and so on.
- The law also removed the rule about holding a special election.
Times the 1886 Law Could Have Been Used
The 1886 Act was never used, but the vice presidency was empty six different times while it was in effect. During those times, the secretary of state was next in line for the presidency.
One interesting situation happened during the 1916 election. President Woodrow Wilson made a private plan in case he lost. He would have asked his secretary of state to resign, appointed his opponent Charles Evans Hughes to the job, and then both he and the vice president would have resigned. This would have made Hughes the acting president until his official term began. However, Wilson won the election, so the plan was not needed.
Presidential Succession Act of 1947
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| Long title | An Act To provide for the performance of the duties of the office of President in case of the removal, resignation, death, or inability both of the President and Vice President. |
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| Enacted by | the 80th United States Congress |
| Effective | July 18, 1947 |
| Citations | |
| Public law | Pub.L. 80-199 |
| Statutes at Large | 61 Stat. 380 |
| Codification | |
| Acts repealed | Presidential Succession Act of 1886 (Pub.L. 49-4, Session 1; 24 Stat. 1) |
| Titles amended | U.S. Code: Title 3 – The President |
| U.S.C. sections created | § 24; now 3 U.S.C. § 19 by Act of Congress June 25, 1948 (62 Stat. 672) |
| U.S.C. sections amended | §§ 21 and 22 (1940 edition) |
| Legislative history | |
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| Major amendments | |
Modifications to § 19 (d)(1):
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In 1945, after President Franklin D. Roosevelt passed away, Harry S. Truman became president. He believed the line of succession should be changed again. Truman thought that elected officials should come before appointed officials like Cabinet members. He argued that a president should not be able to choose their own successor.
Congress agreed and passed the Presidential Succession Act of 1947, which is still the law today.
- It put the speaker of the House and the president pro tempore of the Senate back into the line of succession.
- The new order is: Speaker of the House, then President pro tempore of the Senate, followed by the Cabinet members in the order their departments were created.
- To become acting president, a member of Congress must resign from their position.
- The law also includes a rule known as "bumping." This means if a Cabinet member is acting as president, they can be replaced (or "bumped") by the speaker of the House if that person becomes qualified and available to serve.
Changes to the 1947 Act
Over the years, as the U.S. government grew, new Cabinet departments were created. Each time a new department was added, its leader (the Secretary) was added to the end of the line of succession.
For example, the secretary of defense was added in 1947. More recently, the secretary of veterans affairs was added in 1988, and the secretary of homeland security was added in 2006.
When the Department of Homeland Security was created, some people argued its secretary should be placed higher in the line, right after the attorney general. They believed this person's job of protecting the country made them well-prepared to be president in a crisis. However, Congress decided to place the secretary at the end of the line, following tradition.
Times the 1947 Law Could Have Been Used
The 1947 Act has never been used, but there have been times when it could have been. In 1973, during the Watergate scandal, Vice President Spiro Agnew resigned. For two months, Speaker of the House Carl Albert was next in line to the presidency.
However, the Twenty-fifth Amendment, passed in 1967, created a way to fill a vacant vice presidency. President Richard Nixon used it to appoint Gerald Ford as the new vice president. When Nixon resigned in 1974, Ford became president, and the Succession Act was not needed.
The Designated Survivor
During major events where the president, vice president, and other top leaders are all in one place, like the State of the Union Address, the government takes a special precaution. One Cabinet member is chosen to be the designated survivor.
This person is taken to a secret, secure location. If a disaster were to happen at the event, the designated survivor would be safe and ready to take over as acting president, ensuring the government can continue to function.
Is the Law Constitutional?
Some legal experts have raised questions about whether the 1947 Act follows the Constitution. There are two main concerns.
Who is an "Officer"?
The Constitution says Congress can name an "Officer" to be in the line of succession. Some scholars argue that this word only refers to members of the executive branch (like Cabinet secretaries), not members of Congress (like the speaker of the House). They point to the idea of separation of powers, which keeps the executive and legislative branches separate.
The "Bumping" Rule
The rule that allows a higher-ranking person to "bump" an acting president is also controversial. Critics say this could cause confusion and instability during a national crisis, with the presidency changing hands multiple times. They argue that once a person becomes acting president, they should remain in that role until the crisis is over or a new president is elected.
Table of Statutory Successors
