Presidential and Vice Presidential Succession: Overview and Current Legislation

Publication Date: September 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

Whenever the office of President of the United States becomes vacant due to "removal ... death or resignation" of the chief executive, the Constitution provides that "the Vice President shall become President." When the office of Vice President becomes vacant for any reason, the President nominates a successor, who must be confirmed by a majority vote of both houses of Congress. If both of these offices are vacant simultaneously, then, under the Succession Act of 1947, the Speaker of the House of Representatives becomes President, after resigning from the House and as Speaker. If the speakership is also vacant, then the President Pro Tempore of the Senate becomes President, after resigning from the Senate and as President Pro Tempore. If both of these offices are vacant, or if the incumbents fail to qualify for any reason, then cabinet officers are eligible to succeed, in the order established by law (3 U.S.C. §19, see Table 3). In every case, a potential successor must be duly sworn in his or her previous office, and must meet other constitutional requirements for the presidency, i.e., be at least 35 years of age, a "natural born citizen," and for 14 years, a "resident within the United States." Succession-related provisions are derived from the Constitution, statutory law, and political precedents of the past two centuries. Since 1789, Vice Presidents have succeeded to the presidency on nine occasions, eight times due to the death of the incumbent, and once due to resignation (see Table 1). The vice presidency has become vacant on 18 occasions since 1789. Nine of these occurred when the Vice President succeeded to the presidency; seven resulted from the death of the incumbent; and two were due to resignation (see Table 2).

The events of September 11, 2001 raised concerns about continuity in the presidency and succession issues in general. Following establishment of the Department of Homeland Security (DHS), legislation to include the DHS secretary in the line of succession has been introduced in the 108th Congress: S. 148 , H.R. 1354, and H.R. 2319. All three would include the Secretary of Homeland Security in the line of succession following the Attorney General, while H.R. 2319 also makes further amendments to the Succession Act of 1947. Other measures would make major changes to existing succession law; these include H.R. 2749, S. 2073, S.Res. 419, or propose actions that would not require legislation (H.Res. 775 and S.Con.Res. 89). The Senate Committees on the Judiciary and Rules and Administration held a joint hearing September 16, 2003 to review the Succession Act of 1947 and the question of succession in general.

For additional related information, please consult CRS Report RS20827, Presidential and Vice Presidential Terms and Tenure, by Thomas H. Neale, and CRS Report RS20260, Presidential Disability: An Overview, by Thomas H. Neale.

This report will be updated as events warrant.