Presidential Succession

• Author: John D. Feerick
• Pages: 2001-2002

Page 2001

The framework for electing a President and Vice-President every four years is spelled out in the Constitution. As originally adopted, the Constitution was not clear about certain aspects of succession to the Presidency in the event something happened to the elected President. The Framers were content to establish the office of Vice-President and to add the general provisions of Article II, section 1, clause 6: "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."

The Framers left unanswered questions concerning the status of a Vice-President in cases of removal, death, resignation, and inability, the meaning of the term "inability," and the means by which the beginning and ending of an inability should be determined. Because no event occurred to trigger the succession provision, these ambiguities were of no consequence during the first half century of our nation's existence. Although three Vice-Presidents died in office and another resigned, the presidency and VICE-PRESIDENCY never became vacant at the same time. If that eventuality had come to pass, the president pro tempore of the SENATE would have served as President under the provisions of a 1792 statute on presidential succession.

The ambiguities inherent in the succession provision surfaced in 1841 when President William Henry Harrison died in office. Despite protests that he had become only the "acting president," Vice-President JOHN TYLER assumed the office and title of President for the balance of Harrison's term. Tyler's claiming of the presidency, said JOHN QUINCY ADAMS, was "a construction in direct violation both of the grammar and context of the Constitution.?"

The precedent established by Tyler was followed twice within the next twenty-five years when Vice-Presidents MILLARD FILLMORE and ANDREW JOHNSON became President upon the deaths in office of Presidents ZACHARY TAYLOR and ABRAHAM LINCOLN. In 1881 the precedent became an obstacle to Vice-President CHESTER A. ARTHUR'S acting as President

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during the...