Presidential Succession Stephanow, 2006

Presidential Succession Act of 1947 Vice President Vice President Speaker of the House Speaker of the House Senate Pro Tem Senate Pro Tem Secretary of State Secretary of State Secretary of Treasury Secretary of Treasury Secretary of Defense Secretary of Defense Attorney General Attorney General Etc. Etc. Cabinet in order of creation.

Attempt in 2004 to change order, but failed in Cg. Vice President Vice President Secretary of State Secretary of State Secretary of Treasury Secretary of Treasury Secretary of Defense Secretary of Defense Attorney General Attorney General Secretary of Homeland Security Secretary of Homeland Security

25 th Amendment (1967) Presidential Disability & Succession Sec. 1: In case of the removal of the Pres. from office or his death, or resignation, the VP shall become Pres. (provided for in Art. II.)

25 th Amendment (1967) Presidential Disability & Succession Sec. 2: Whenever there is a vacancy in the office of the VP, the Pres. shall nominate a VP who shall take office upon confirmation by a majority of both houses of Cg.

25 th Amendment (1967) Presidential Disability & Succession Sec. 3: Allows the Pres. to declare himself disabled and step aside temporarily for health or other reasons without resigning. - Must be in writing to Speaker and Pro Tem. -Turns duties and powers over to VP to be “Acting Pres.” -May resume duties and powers upon another letter.

Presidential Letter on Transfer of Constitutional Powers Text of a Letter from the President to the Speaker of the House of Representatives June 29, 2002 Dear Mr. Speaker: As my staff has previously communicated to you, I will undergo this morning a routine medical procedure requiring sedation. In view of present circumstances, I have determined to transfer temporarily my Constitutional powers and duties to the Vice President during the brief period of the procedure and recovery. Accordingly, in accordance with the provisions of Section 3 of the Twenty-Fifth Amendment to the United States Constitution, this letter shall constitute my written declaration that I am unable to discharge the Constitutional powers and duties of the office of President of the United States. Pursuant to Section 3, the Vice President shall discharge those powers and duties as Acting President until I transmit to you a written declaration that I am able to resume the discharge of those powers and duties. Sincerely, GEORGE W. BUSH

Presidential Letter Resuming Constitutional Powers Text of a Letter from the President to the Speaker of the House of Representatives June 29, 2002 Dear Mr. Speaker: In accordance with the provisions of Section 3 of the Twenty-Fifth Amendment to the United States Constitution, this letter shall constitute my written declaration that I am presently able to resume the discharge of the Constitutional powers and duties of the office of President of the United States. With the transmittal of this letter, I am resuming those powers and duties effective immediately. Sincerely, GEORGE W. BUSH

25 th Amendment (1967) Presidential Disability & Succession Sec. 4: Allows other to make the decision about presidential disability. -VP and maj. of cabinet secretaries. -Must be in writing to Speaker & Pro Tem. -Turns duties & powers over to VP to be “Acting Pres.” -Must be “checked” by Cg. within 48 hours and have 21 days to vote. Must have a 2/3 vote in both houses of Cg. to keep disability declaration. -Pres. may resume duties & powers upon another letter by VP & maj. of cab. secs. OR failure of 2/3 vote of Cg.

What Would Happen? Use Succession Act and 25 th Amendment

The President is notified by his doctor that he needs open-heart surgery, and that he will be heavily sedated during the surgery and afterwards. The President realizes that he will be unable to discharge his duties for at least a month. The President is notified by his doctor that he needs open-heart surgery, and that he will be heavily sedated during the surgery and afterwards. The President realizes that he will be unable to discharge his duties for at least a month. –What should he do? –Will the VP become President? –What if the Pres. wants his position back again when he is well?

The President resigns and the Vice-President becomes President. Before the office of Vice-President is filled, the new President dies. The President resigns and the Vice-President becomes President. Before the office of Vice-President is filled, the new President dies. –Who becomes President? –Who becomes Vice-President?

The President and the Vice- President are both assassinated in the same incident. The President and the Vice- President are both assassinated in the same incident. –Who becomes President? –Who becomes Vice-President?

A new President is elected and takes the oath of office. Before any new cabinet officers are sworn into office, terrorists kill the President, Vice-President, the Speaker of the House, and the President Pro Tempore in the Senate. A new President is elected and takes the oath of office. Before any new cabinet officers are sworn into office, terrorists kill the President, Vice-President, the Speaker of the House, and the President Pro Tempore in the Senate. –Who becomes President? –Who becomes Vice-President? –Who becomes Senate Pro Tem? –Who becomes Speaker of the House?

A President becomes mentally disabled and appears to be incapable of discharging the duties of his office. He refuses to recognize the problem and insists on holding the office of President. A President becomes mentally disabled and appears to be incapable of discharging the duties of his office. He refuses to recognize the problem and insists on holding the office of President. –What can be done?