FREE ESSAY ON PRESIDENTIAL SUCCESSION

PRESIDENTIAL SUCCESSION

Presidential Succession, is a term that describes the arrangements under which
presidential authority in the United States may be transferred other than by means of the
quadrennial presidential ELECTION. Specifically, it embraces those procedures that apply
to cases involving the death, resignation, removal, or inability of a PRESIDENT or VICE
PRESIDENT, and the death or failure to qualify of a president-elect or vice
president-elect. These procedures are defined in three parts of the U. S.
CONSTITUTION--Article II, Section 1, Clause 6; the 20th Amendment; and the 25th
Amendment--and in the presidential-succession law passed by Congress in 1947.
The importance of a system of presidential succession has been demonstrated repeatedly
throughout American history, but especially in the 20th century. Between 1901 and 1974,
five vice presidents became president as a result of four presidential deaths and one
resignation. In the 19th century four other vice presidents became president after a
president's death. Between 1841 and 1975, more than one third of the presidents either
died in office, resigned, or became disabled.
Of the elected vice presidents, seven have died in office and two have resigned.
Altogether, the second office has been vacant for more than 37 years.
Present System 
Article II, Section 1, Clause 6 of the Constitution, as supplemented by Section 1 of the
25th Amendment, provides that the vice president becomes president in the event of the
death, resignation, or removal of the president. When any of these contingencies occurs,
the vice president takes the presidential oath and serves as president for the rest of
the term. Section 2 of the 25th Amendment prescribes a procedure for filling a
vice-presidential vacancy.
The president nominates a vice president, who must be confirmed by a majority vote of
each House of CONGRESS. Sections 3 and 4 of the 25th Amendment deal with a case in which
some condition or circumstance, such as a physical or mental inability, prevents the
president from discharging his powers and duties.
These sections make clear that in a case of inability, the vice president simply
discharges the powers and duties of president until the president recovers from the
inability. Section 3 allows the president to declare the beginning and ending of his own
inability. Section 4, covering the case in which the president is unable to make or
communicate a decision of inability, authorizes the vice president and a majority of the
cabinet or of such other body as Congress may by law provide to declare the existence of
such an inability.
When an inability is declared under Section 4, the president is prevented from resuming
his powers and duties for a period of four days from the time he declares the end of such
an inability. If during the four-day period the vice president and cabinet should dispute
the president's declaration of recovery, the Congress must then decide the issue. It has
a maximum of 21 days to do so, and a two-thirds vote of each house is required to prevent
the president from resuming his powers and duties. During the period Congress has to
decide, the vice president continues to act as president.
Article II, Section 1, Clause 6 also authorizes Congress to establish a line of
succession to the presidency in the event of simultaneous vacancies in the offices of
president and vice president. Pursuant to this provision, Congress adopted a law in 1947
that places the following persons in the line of succession after the vice president:
first the Speaker of the House, then the president pro tempore of the Senate, and then
the members of the cabinet in the order in which their departments were created.
The 20th Amendment provides for other contingencies. In the event of the death of a
president-elect, it provides that the vice president-elect shall become president for the
full term. If a president-elect fails to qualify--for example, by falling short of
residency or age requirements--then the vice president-elect acts as president until the
president qualifies. The amendment further authorizes Congress to provide for the death
or failure to qualify of both the president-elect and vice president-elect, which
Congress has done in the succession law of 1947.
Presidential Inability 
Before the adoption of the 25th Amendment in 1967, the cornerstone of the U. S.
presidential succession system was found in Article II, Section 1, Clause 6, which
provides: 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, and the 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, and such Officer shall act
accordingly, until the Disability be removed, or a President shall be elected.
Beginning with the death of President William Henry HARRISON in 1841, and continuing
through the death of President John F. KENNEDY in 1963, this provision was interpreted,
whenever a president died in office, as making the vice president the new president for
the remainder of the term. Although there is evidence indicating that the framers of the
Constitution simply intended the vice president to be an acting president, Vice President
John TYLER's assumption of the office and title of president upon Harrison's death became
the accepted practice in all subsequent cases of presidential deaths.
The precedent established by Tyler, however, proved a formidable obstacle to a vice
president's acting as president during the 80-day period President James GARFIELD hovered
between life and death in 1881 as a result of an assassin's bullet; during the more than
one year that President Woodrow WILSON lay ill as a result of a stroke; and on the three
occasions when President Dwight EISENHOWER was prevented by illness from fully exercising
his powers and duties.
Because Article II did not distinguish cases of death from those of inability, it was
feared during these periods that any succession by a vice president would make him
president, as in the case of death, for the rest of the term even if the elected
president recovered from his inability before his term ended. Hence, there was little
disposition during these periods to turn over the reins of government to the vice
president. In addition to the obstacle of the Tyler precedent, there also existed no
procedures for determining the beginning and ending of a president's inability.
In 1958, President Eisenhower adopted a plan to cover future cases of inability in his
administration under which he would declare his own disability, if that seemed advisable,
and permit Vice President Richard NIXON to become acting president until Eisenhower
declared the end of his disability. If Eisenhower could not communicate with Nixon, the
latter could declare him disabled. Presidents Kennedy and JOHNSON adopted similar plans
with their potential successors, but these informal arrangements could not serve as a
permanent solution to the problem.
President Kennedy's death focused attention on gaps in the system and led to the adoption
of the 25th Amendment. Section 1 of that amendment confirms the Tyler precedent and
extends it to cases of resignation and removal. By removing the inability contingency to
Sections 3 and 4 and specifically providing for an acting president, the amendment
eliminates the obstacle that confronted Vice Presidents Chester Alan ARTHUR, Thomas
MARSHALL, and Nixon during the inabilities of their presidents, and now makes it possible
for the vice president to exercise presidential leadership if a president is disabled.
Vice-Presidential Vacancy 
Between 1792 and 1947, Congress adopted three different succession statutes to deal with
the contingency of dual vacancies in the offices of president and vice president. The law
of 1792 placed the president pro tempore and the Speaker in the line of succession; the
1886 law removed them and placed the members of the cabinet in the line; and the 1947 law
combined both groups.
Because of the growing importance of the vice presidency and a lack of enthusiasm for the
1947 succession statute, a national consensus developed after President Kennedy's
assassination in favor of a procedure for filling the vice presidency whenever a vacancy
occurred, thereby minimizing the possibility of the statutory line being reached. That
procedure, involving nomination by the president and confirmation by both houses of
Congress, was placed in Section 2 of the 25th Amendment. When Vice President Spiro AGNEW
resigned in October 1973, the procedure was used to install Gerald R. FORD as the vice
president. When Ford assumed the presidency on President Nixon's resignation in August
1974, it was used again to install Nelson ROCKEFELLER as the vice president.
Proposals for Change 
The resignations of Nixon and Agnew gave rise to proposals for further changes in the
system of presidential succession. They range from abolition of the vice presidency to
modification of the 25th Amendment to provide for a presidential election whenever a vice
president succeeds to the presidency. These proposals are designed to minimize the time a
person not actually elected to the presidency could occupy that office. They are objected
to on the ground that they would change important principles--stability and
continuity--that have operated throughout the history of American presidential
succession.
Bibliography
Crispell, K. R., and C. F. Gomez, Hidden Illness in the White House (Duke Univ. Press
1988); 
Feerick, John D., The Twenty-fifth Amendment (Fordham Univ. Press 1975); 
Glennon, Michael J., When No Majority Rules: The Electoral College and Presidential
Succession,Congressional Quarterly (Dec. 1992);
Thompson, K. W., ed., Papers on Presidential Disability and the Twenty-fifth Amendment
(Univ. Press of Am. 1988).