The Presidential Succession Act of 1947 (codified as Title 3, Chapter 1, Section 19 of the United States Code) establishes the order of succession to the office of President of the United States in the event neither a President nor Vice President is able to "discharge the powers and duties of the office." The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ... The President of the United States (often abbreviated POTUS) is the head of state of the United States. ... The President of the United States (often abbreviated POTUS) is the head of state of the United States. ... The Vice President of the United States is the second-highest executive official of the United States government, the person who is, in the words of Adlai Stevenson, a heartbeat from the presidency. ...

See: United States presidential line of succession The presidential line of succession defines who may become or act as President of the United States upon the incapacity, death, resignation, or removal from office (by impeachment and subsequent conviction) of a sitting President or a President-elect. ...

History

Presidential Succession Act of 1792

Provisions of the Act

The initial version of the Presidential Succession Act was adopted in 1792. The act declared that, in the event of the death of both the President and Vice President, the President Pro Tempore of the Senate would act as President, followed by the Speaker of the House of Representatives. 1792 was a leap year starting on Sunday (see link for calendar). ... Senator Ted Stevens of Alaska is the current President pro tempore of the Senate. ... The term Speaker is usually the title given to the presiding officer of a countrys lower house of parliament or congress (ie: the House of Commons or House of Representatives). ...

There were concerns about including the Chief Justice of the United States in the succession order due to separation of powers. Though somewhat ironic considering that two legislative officers were placed immediately after the Vice President, but ultimately he was excluded, a practice that continues to this day. The Chief Justice of the United States is the head of the Judicial Branch of the government of the United States, and presides over the Supreme Court of the United States. ... The Vice President of the United States is the second-highest executive official of the United States government, the person who is, in the words of Adlai Stevenson, a heartbeat from the presidency. ...

Potential Implementation

While the 1792 act was never implemented, and no one below the Vice Presidency ever succeeded to the presidency, there were a number of instances where, had the President died, resigned, or been removed from office, the Senate President would have succeeded to the office. These include: 1792 was a leap year starting on Sunday (see link for calendar). ... The Vice President of the United States is the second-highest executive official of the United States government, the person who is, in the words of Adlai Stevenson, a heartbeat from the presidency. ... The President of the United States (often abbreviated POTUS) is the head of state of the United States. ... Senator Ted Stevens of Alaska is the current President pro tempore of the Senate. ...

• Following the deaths of Presidents William Henry Harrison, Zachary Taylor, Abraham Lincoln, and James A. Garfield. In each case the Vice President succeeded to the presidency, but the office of Vice President was left vacant - leaving the President Pro Tempore next in line.
• Following the deaths of Vice Presidents George Clinton, Elbridge Gerry, William Rufus deVane King, Henry Wilson, and Thomas Andrews Hendricks. Again in each case, the Vice Presidency was left vacant, leaving the President Pro Tempore next in line.
• Following the resignation of Vice President John Caldwell Calhoun in December, 1832.

The closest the act came to implementation occurred in 1868 however, when President Andrew Johnson came one vote short in the Senate of being removed from office after being impeached by the House of Representatives. Had he been convicted and removed from office, Benjamin Franklin Wade, President Pro Tempore, would have served out the remainder of the term as Acting President. Order: 9th President Vice President: John Tyler Term of office: March 4, 1841 – April 4, 1841 Preceded by: Martin Van Buren Succeeded by: John Tyler Date of birth: February 9, 1773 Place of birth: Berkeley, Virginia Date of death: April 4, 1841 Place of death: Washington D.C. First Lady... Zachary Taylor (November 24, 1784 – July 9, 1850), also known as Old Rough and Ready, was the twelfth President of the United States, serving from 1849 to 1850. ... Abraham Lincoln (February 12, 1809 – April 15, 1865), sometimes called Abe Lincoln and nicknamed Honest Abe, the Rail Splitter, and the Great Emancipator, was the 16th President of the United States (1861 to 1865), and the first president from the Republican Party. ... James Abram Garfield (November 19, 1831 – September 19, 1881) was the 20th President of the United States (1881), and the second U.S. President to be assassinated. ... The Vice President of the United States is the second-highest executive official of the United States government, the person who is, in the words of Adlai Stevenson, a heartbeat from the presidency. ... Senator Ted Stevens of Alaska is the current President pro tempore of the Senate. ... This page is for the Vice President George Clinton. ... Elbridge Gerry (July 17, 1744 – November 23, 1814) was an American politician, a member of the Democratic-Republican Party. ... William Rufus de Vane King (April 7, 1786–April 18, 1853) was a U.S. Representative from North Carolina, a Senator from Alabama, and the thirteenth Vice President of the United States. ... Henry Wilson Henry Wilson (February 16, 1812–November 22, 1875) was a Senator from Massachusetts and the eighteenth Vice President of the United States. ... Thomas Andrews Hendricks (September 7, 1819–November 25, 1885) was a Representative and a Senator from Indiana and the twenty-first Vice President of the United States. ... Senator Ted Stevens of Alaska is the current President pro tempore of the Senate. ... John Caldwell Calhoun (March 18, 1782–March 31, 1850), was a prominent United States politician in the first half of the 19th century. ... December is the twelfth and last month of the year in the Gregorian Calendar and one of seven Gregorian months with the length of 31 days. ... 1832 was a leap year starting on Sunday (see link for calendar). ... 1868 was a leap year starting on Wednesday (see link for calendar). ... Order: 17th President Vice President: none Term of office: April 15, 1865 – March 4, 1869 Preceded by: Abraham Lincoln Succeeded by: Ulysses S. Grant Date of birth: December 29, 1808 Place of birth: Raleigh, North Carolina Date of death: July 31, 1875 Place of death: near Elizabethton, Tennessee First Lady... Seal of the Senate The United States Senate is one of the two houses of the Congress of the United States, the other being the House of Representatives. ... Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ... Seal of the House of Representatives The United States House of Representatives is one of the two houses of the Congress of the United States, the other being the Senate. ... Benjamin Franklin Wade (October 27, 1800 _ March 2, 1878) was a U.S. lawyer and politician. ... Acting President of the United States is a temporary office in the government of the United States, established under the auspices of the Constitution of the United States, particularly its 25th Amendment (ratified in 1967). ...

Presidential Succession Act of 1886

Provisions of the Act

The death of Vice President Thomas Andrews Hendricks on November 25, 1885 marked the third time in 20 years that the Vice Presidency had been left vacant due to death or succession. The Vice President of the United States is the second-highest executive official of the United States government, the person who is, in the words of Adlai Stevenson, a heartbeat from the presidency. ... Thomas Andrews Hendricks (September 7, 1819–November 25, 1885) was a Representative and a Senator from Indiana and the twenty-first Vice President of the United States. ... November 25 is the 329th (in leap years the 330th) day of the year in the Gregorian calendar. ... 1885 is a common year starting on Thursday. ...

In 1886 a new version of the act was passed by Congress, removing the Congressional officers from the list and replacing them with the members of the Cabinet. The order was determined by the order in which each cabinet department had been created - with the Secretary of State being first in line after the Vice President. 1886 is a common year starting on Friday (click on link to calendar) // Events January 18 - Modern field hockey is born with the formation of The Hockey Association in England. ... Seal of the Congress. ... Cabinet meeting on May 16, 2001. ... The Seal of the United States Secretary of State The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. ...

As six former Secretaries of State had gone on to be elected President in their own right, and as no Congressional leaders had done so to that time, the change was widely accepted. The Seal of the United States Secretary of State The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. ...

Potential Implementation

As with the original 1792 act, the act of 1886 was never implemented, and no one below the Vice Presidency ever succeeded to the presidency, but again there were instances where, had the President died, resigned, or been removed from office, the Secretary of State would have succeeded to the office. These include: 1792 was a leap year starting on Sunday (see link for calendar). ... 1886 is a common year starting on Friday (click on link to calendar) // Events January 18 - Modern field hockey is born with the formation of The Hockey Association in England. ... The Vice President of the United States is the second-highest executive official of the United States government, the person who is, in the words of Adlai Stevenson, a heartbeat from the presidency. ... The President of the United States (often abbreviated POTUS) is the head of state of the United States. ... The Seal of the United States Secretary of State The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. ...

• Following the deaths of Presidents William McKinley, Warren G. Harding and Franklin D. Roosevelt. The Vice Presidency was left vacant in each case, placing the Secretary of State next in the line of succession.
• Following the deaths of Vice Presidents Garret Hobart and James Sherman. Again, there being no procedure for replacement the Vice Presidency was left vacant, and the Secretary of State remained next in line.

The name Mckinley redirects here. ... Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was an American politician and the 29th President of the United States, serving from 1921 to 1923, when he became the sixth president to die in office. ... Franklin Delano Roosevelt (January 30, 1882 – April 12, 1945), 32nd President of the United States (1933-1945), the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ... The Seal of the United States Secretary of State The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. ... Garret Augustus Hobart (June 3, 1844–November 21, 1899) was the twenty-fourth Vice President of the United States. ... James Schoolcraft Sherman (October 24, 1855 – October 30, 1912) was a Representative from New York and the 27th Vice President of the United States. ...

Current Act (1947)

Provisions of the Act

Following World War II and the death of President Roosevelt, President Truman lobbied for a revision of the law, and ultimately the current act was passed. World War II was a truly global conflict with many facets: immense human suffering, fierce indoctrinations, and the use of new, extremely devastating weapons like the atom bomb World War II, also known as the Second World War, was a mid-20th-century conflict that engulfed much of the globe... Harry S. Truman (May 8, 1884 – December 26, 1972) was the thirty-fourth Vice President (1945) and the thirty-third President of the United States (1945–1953), succeeding to the office upon the death of Franklin D. Roosevelt. ...

The new law restored the Congressional officers to places directly after the Vice President, but switched their order from the 1792 Act - placing the House Speaker first and the President Pro Tempore second. The Cabinet officers then followed, again in the order in which their respective departments were created with one exception: the Secretary of Defense (a department created in 1947 following a merger of the Departments of War and Navy) was placed fifth in the overall order, directly after the Secretary of the Treasury. The Vice President of the United States is the second-highest executive official of the United States government, the person who is, in the words of Adlai Stevenson, a heartbeat from the presidency. ... 1792 was a leap year starting on Sunday (see link for calendar). ... The term Speaker is usually the title given to the presiding officer of a countrys lower house of parliament or congress (ie: the House of Commons or House of Representatives). ... Senator Ted Stevens of Alaska is the current President pro tempore of the Senate. ... Cabinet meeting on May 16, 2001. ... The United States Secretary of Defense is the head of the United States Department of Defense, concerned with the armed services and The Secretary is appointed by the President with the approval of the Senate, and is a member of the Cabinet. ... 1947 was a common year starting on Wednesday (link will take you to calendar). ... The United States Department of War was the military department of the United States governments executive branch from 1789 until 1949, when it became part of the United States Department of Defense. ... Seal The United States Department of the Navy was established by an Act of Congress on April 30, 1798, to provide administrative and technical support, and civilian leadership to the United States Navy. ... John W. Snow, the current Secretary of the Treasury. ...

25th Amendment

Following the assassination of President John Kennedy in 1963 and fully now in the Cold War mindset, Congress submitted, and the states quickly ratified, the 25th amendment to the Constitution, which permitted the President to nominate a Vice President should the Vice Presidency become vacant. JFK redirects here. ... 1963 was a common year starting on Tuesday (link will take you to calendar). ... For the generic term for a high-tension rivalry between countries, see cold war (war). ... Seal of the Congress. ... Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and established procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities. ... The President of the United States (often abbreviated POTUS) is the head of state of the United States. ... The Vice President of the United States is the second-highest executive official of the United States government, the person who is, in the words of Adlai Stevenson, a heartbeat from the presidency. ...

While not directly impacting the Presidential Succession Act per se, the ratification of the amendment has significantly reduced the likelihood (barring nuclear or terrorist attack) of a Speaker of the House of Representatives being needed to act as President. The term Speaker is usually the title given to the presiding officer of a countrys lower house of parliament or congress (ie: the House of Commons or House of Representatives). ...

Potential Implementation

To date, as with its predecessors the 1947 act has yet to be implemented. And while there have been instances where, had the President died, resigned, or been removed from office (following Spiro Agnew's resignation as Vice President in 1973, and the following year in the interim between Gerald Ford's succession to the presidency and the confirmation of Vice President Nelson Rockefeller), they have been mitigated somewhat by the ability to fill Vice Presidential vacancies. 1947 was a common year starting on Wednesday (link will take you to calendar). ... The President of the United States (often abbreviated POTUS) is the head of state of the United States. ... Spiro Theodore Agnew, born Spiro Anagnostopoulos (November 9, 1918–September 17, 1996), was the thirty-ninth Vice President of the United States, serving from 1969 to 1973 under President Richard M. Nixon. ... 1973 was a common year starting on Monday. ... Gerald Rudolph Ford, Jr. ... Nelson Aldrich Rockefeller (July 8, 1908 - January 26, 1979) was a Governor of New York and the 41st Vice President of the United States of America from December 19, 1974 to January 20, 1977. ...

During the September 11 2001 terrorist attack, several persons holding offices in the line of succession (among them Speaker Dennis Hastert) were taken to "secure locations" in order to guarantee that at least one officer in the line of succession would survive the attacks. The September 11, 2001 Terrorist Attacks were a series of suicide attacks against civilians of the United States conducted on Tuesday, September 11, 2001. ... Dennis Hastert John Dennis Hastert (born January 2, 1942), American politician, has been a Republican member of the United States House of Representatives since 1987, representing the 14th District of Illinois (map). ...

The 1947 act makes no provision for the highly unlikely event that all eligible persons on the succession list perish before one can be sworn in as Acting President.

Revisions since 1947 and Omission of Secretary of Homeland Security

The 1947 act has been modified several times with the addition of new cabinet positions, but the creation of the Department of Homeland Security in 2002 has caused controversy that has resulted in its secretary not yet being placed in the succession order. 1947 was a common year starting on Wednesday (link will take you to calendar). ... The United States Department of Homeland Security (DHS) is a Cabinet department of the federal government of the United States that is concerned with protecting the American homeland and the safety of American citizens. ... 2002(MMII) is a common year starting on Tuesday of the Gregorian calendar. ...

Many in Congress feel the Secretary should be placed not at the bottom of the order as is the tradition, but higher in the order - the rationale being that, as the officer responsible for disaster relief and security, the Secretary would be more capable of acting as President than, say, the Secretary of Housing and Urban Development. Seal of the Congress. ... The United States Secretary of Homeland Security is the head of the United States Department of Homeland Security, the body concerned with protecting the American homeland and the safety of American citizens. ... The United States Secretary of Housing and Urban Development is the head of the United States Department of Housing and Urban Development, concerned with The Secretary is a member of the Presidents Cabinet. ...

Despite years of debate, the matter remains unresolved and as a result, the Secretary of Homeland Security is not among those constitutionally eligible to act as President under the act. The United States Secretary of Homeland Security is the head of the United States Department of Homeland Security, the body concerned with protecting the American homeland and the safety of American citizens. ...

Text of Current Law

(a)

(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.

(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection.

(b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President.

(c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that -

(1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and

(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals.

(d)

(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs.

(2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service.

(3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President.

(e)

(1) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them.

(2) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President.