Presidential succession is provided for by Article II and Amendments 20 and 25 of the United States Constitution. Article II states that the vice president shall assume the duties and powers of the president if the president is removed from office, dies, resigns, or is unable to carry out the duties of the office.
Amendment 20 of the United States Constitution, adopted in 1933, provides that the vice president-elect becomes president if the president-elect dies before the term begins but after the Electoral College has met. The Electoral College is a group of representatives chosen by the voters to officially elect the president. If the president-elect dies before the Electoral College meets, the national committee of the victorious political party would select a new candidate. Normally, this candidate would be the vice president-elect, though it need not be. After such a selection, however, the college would vote on that candidate.
If both the president and vice president should die or become disqualified, succession is determined by the Presidential Succession Act of 1947. The complete order of presidential succession is as follows:
1. Vice president; 2. Speaker of the House; 3. President pro tempore of the Senate; 4. Secretary of state; 5. Secretary of the treasury; 6. Secretary of defense; 7. Attorney general; 8. Secretary of the interior; 9. Secretary of agriculture; 10. Secretary of commerce; 11. Secretary of labor; 12. Secretary of health and human services; 13. Secretary of housing and urban development; 14. Secretary of transportation; 15. Secretary of energy; 16. Secretary of education; 17. Secretary of veterans affairs; 18. Secretary of homeland security
Under the 1947 law, the secretaries of agriculture, commerce, and labor were added, and the secretary of defense replaced the secretary of war. In 1965, Congress added the secretaries of health, education, and welfare (now health and human services); and housing and urban development to presidential succession. The secretary of transportation was added in 1966, the secretary of energy in 1977, the secretary of education in 1979, and the secretary of veterans affairs in 1989, and the secretary of homeland security in 2003. No Cabinet member may become acting president unless the member is a citizen and at least 35 years old. If the member who would logically succeed to the presidency is less than 35, the presidency passes to the next eligible member.
Amendment 25, ratified in 1967, permits the president to nominate a vice president whenever a vacancy exists in that office. The nominee would take office when confirmed by a majority vote of both houses of Congress. Therefore, the office of vice president would almost always be filled. The amendment also establishes procedures for temporarily relieving a president who is unable to perform official duties because of an illness or for any other reason. The vice president would become acting president at such times. In 1973, Gerald R. Ford became the first person chosen vice president under Amendment 25. He was nominated by President Richard M. Nixon after Vice President Spiro T. Agnew resigned. Ford became President in 1974, after Nixon resigned. Vice President George H. W. Bush served as acting President for eight hours on July 13, 1985, when President Ronald Reagan had surgery.
See also Cabinet ; Constitution of the United States (Amendment 20) (Amendment 25) .
