Friedrich Kayssler and Presidential Succession Act: Difference between pages

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The '''Presidential Succession Act of 1947''' ({{usc|3|19}}) establishes the [[United States presidential line of succession|line of succession]] to the office of [[President of the United States]] in the event that neither a [[President of the United States|President]] or [[Vice President of the United States|Vice President]] is able to "discharge the powers and duties of the office."
{{Infobox actor
| image =
| imagesize =
| name = Friedrich Kayßler
| birthdate = {{birth date|1874|4|7}}
| birthplace = [[Nowa Ruda | Neurode]], [[Silesia]], [[Imperial Germany]] (now [[Nowa Ruda]], [[Poland]])
| deathdate = {{death date and age|1945|4|30|1874|4|7}}
| deathplace = [[Kleinmachnow]], [[Germany]]
| othername = Friedrich Kayssler
| occupation = [[Actor]]
| yearsactive = [[1913 in film|1913]] - [[1945 in film|1945]]
| imdb_id = 0443521
}}


Congressional authority to enact such a law is twofold: [[Article Two of the United States Constitution#Clause 6: Vacancy and Disability|Article II, Section 1, Clause 6]] of the [[United States Constitution]] and [[Twentieth Amendment to the United States Constitution|Section 3 of the Twentieth Amendment to the Constitution]].
'''Friedrich Kayßler''' ([[7 April]], [[1874]] – [[30 April]], [[1945]]), was a [[Germany|German]] film actor. He appeared in 56 films between [[1913 in film|1913]] and [[1945 in film|1945]].


== Biography ==
==Previous Acts==
{{Refimprovesection|date=February 2008}}
===Presidential Succession Act of 1792===
====Provisions====
The Presidential Succession Act of 1792 declared that, in the event of the removal, resignation, or death of both the President and Vice President, the [[President pro tempore of the United States Senate]] would act as President, followed by the [[Speaker of the United States House of Representatives]], until the holding of a [[by-election|special election]] for President and Vice President.<ref>An Act relative to the Election of a President and Vice President of the United States, and declaring the Officer who shall act as President in case of Vacancies in the offices both of President and Vice President, [http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=362 1 Stat. 239], [http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=363 § 9-10] ([[March 1]], [[1792]])</ref>


====Potential implementation====
Kayßler was born in [[Nowa Ruda | Neurode]], [[Silesia]], [[Imperial Germany]] (now Nowa Ruda, [[Poland]]). He visited school in [[Breslau]], where he became a close friend of [[Christian Morgenstern]] and [[Fritz Beblo]]. Kayßler studied Philosophy in Breslau and [[Munich]] and first appeared at Berlin, later working at several Theaters at [[Görlitz]] and [[Halle, Saxony-Anhalt | Halle]].
While the 1792 act was never implemented, there were a number of instances where, had the [[President of the United States|President]] died, resigned, or been removed from office, the President ''pro tempore'' of the [[United States Senate|Senate]] would have become the [[Acting President of the United States|Acting President]]. These include:


* Following the deaths of Presidents [[William Henry Harrison]], [[Zachary Taylor]], [[Abraham Lincoln]], and [[James A. Garfield]].
Kayßler became a member of [[Max Reinhardt]]'s ensemble of the [[Deutsches Theater]] Berlin in 1905 and was the director of the [[Volksbühne Berlin]] in 1918 - 23. He first appeared in the silent movie ''Welche sterben, wenn sie lieben'' in 1913 and wrote several poems and dramas.
* Following the deaths of Vice Presidents [[George Clinton (vice president)|George Clinton]], [[Elbridge Gerry]], [[William R. King]], [[Henry Wilson]], and [[Thomas A. Hendricks]].
* Following the resignation of Vice President [[John C. Calhoun]] in December 1832.


In each case, the Vice Presidency was left vacant, leaving the President ''pro tempore'' of the Senate next in line.
Kayßler was killed by [[Red Army | Soviet troops]] at his house in [[Kleinmachnow]], [[Germany]], when he tried to protect his wife <ref>[http://www.cyranos.ch/smkays-d.htm cyranos.ch Boigraphy]</ref>.


The closest the act came to being implemented occurred in 1868, when President [[Andrew Johnson]] came one vote short in the Senate of being removed from office after being [[impeachment|impeached]] by the [[United States House of Representatives|House of Representatives]]. Had he been removed from office, [[Benjamin Wade]], President ''pro tempore'' of the Senate, would have been Acting President until a special Presidential election had been held.<ref>IS THE PRESIDENTIAL SUCCESSION LAW CONSTITUTIONAL?, 48 Stan. L. Rev. 113 (November 1995)</ref>
==Selected Filmography==
* {{fy |1930}}: [[Zwei Menschen]]
* {{fy |1930}}: [[The Flute Concert of Sans-Souci]]
* {{fy |1931}}: [[Der Hauptmann von Köpenick (1931 film)| Der Hauptmann von Köpenick]]
* {{fy |1934}}: [[Gold (1934 film)|Gold]]


===Presidential Succession Act of 1886===
== Works ==
====Provisions====
* Simplicius (1905)
In 1886, a new Presidential Succession Act was adopted,<ref>24 Stat. 1</ref> replacing the President ''pro tempore'' of the Senate and the Speaker of the House on the list with the members of the [[United States Cabinet|Cabinet]]. The order was determined by the order in which each cabinet department had been created - with the [[United States Secretary of State|Secretary of State]] being first in line after the Vice President. As six former [[United States Secretary of State|Secretaries of State]] had gone on to be elected President in their own right, and as only one Congressional leader, [[Speaker of the United States House of Representatives|Speaker of the House]] [[James K. Polk]], had done so to that time, the change was widely accepted.
* Sagen aus Mijnhejm (1909)
* Schauspielernotizen (1910-1914)
* Jan der Wunderbare (1917)
* Zwischen Tal und Berg der Welle (1917)
* Stunden in Jahren (1924)


====Potential implementation====
==External links==
As with the 1792 act, the act of 1886 was never implemented during its 61 years, but there were instances where, had the [[President of the United States|President]] died, resigned, or been removed from office, the Secretary of State would have become Acting President. These instances are:
*{{imdb|0443521|Friedrich Kayßler}}
*{{amg name|2:37209|Friedrich Kayßler}}
*[http://film.virtual-history.com/person.php?personid=1137 Photographs and literature]


* Following the deaths of Presidents [[William McKinley]], [[Warren G. Harding]] and [[Franklin D. Roosevelt]].
== References ==
* Following the deaths of Vice Presidents [[Garret Hobart]] and [[James S. Sherman|James Sherman]].
{{translated|url=http://de.wikipedia.org/wiki/Friedrich_Kayßler| language version=German}}
{{reflist}}


==Current Act==
===Text===
'''§ 19. Vacancy in offices of both President and Vice President; officers eligible to act.
'''
:''(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, Secretary of Homeland Security.
::''(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)
::''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.
:''(f)
::''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.''


===Changes made by the Act===
{{CinemaofGermany}}
Following [[World War II]] and the death of [[President of the United States|President]] Roosevelt, President [[Harry S. Truman|Truman]] lobbied for a revision of the law, and ultimately the current act was passed.


The new law restored the Congressional officers to places directly after the [[Vice President of the United States|Vice President]], but switched their order from the 1792 Act, placing the [[Speaker of the United States House of Representatives|Speaker of the House]] first and the [[President pro tempore of the United States Senate|President ''pro tempore'']] second. The [[United States Cabinet|Cabinet]] officers then followed, again in the order in which their respective departments were created with one exception: the [[United States Secretary of Defense|Secretary of Defense]] (a department created in 1947 following a merger of the [[United States Department of War|Departments of War]] and [[United States Department of the Navy|Navy]]) was placed fifth in the line of succession, directly after the [[United States Secretary of the Treasury|Secretary of the Treasury]]. This placed the Defense Department in the place that had been held by the Department of War.
<!-- Metadata: see [[Wikipedia:Persondata]] -->
{{Persondata
|NAME= Kayßler, Friedrich
|ALTERNATIVE NAMES=
|SHORT DESCRIPTION= [[Actor]]
|DATE OF BIRTH= 1874-4-7
|PLACE OF BIRTH= Neurode, [[Silesia]], [[Germany]] (now [[Nowa Ruda]], [[Poland]])
|DATE OF DEATH= 1945-4-30
|PLACE OF DEATH= [[Kleinmachnow]], [[Germany]]
}}


===Potential implementation===
{{lifetime|1874|1945|Kayßler, Friedrich}}
As with its predecessors, this act has not been implemented. There have been instances where it would have been if the President had died, resigned, or been removed from office. For example: Following [[Spiro T. Agnew]]'s resignation as Vice President in 1973, and the following year in the interim between [[Gerald R. Ford]]'s succession to the presidency and the confirmation of Vice President [[Nelson A. Rockefeller|Nelson Rockefeller]]. In both cases, this was avoided by the ability to fill Vice Presidential vacancies.
[[Category:German film actors]]
[[Category:German silent film actors]]
[[Category:People from the Province of Silesia]]


During the [[September 11, 2001 terrorist attack]], several people holding offices in the line of succession (among them Speaker [[Dennis Hastert]] and Senate President ''pro tempore'' [[Robert Byrd]]) were taken to "secure locations" in order to guarantee that at least one officer in the line of succession would survive the attacks.
{{Germany-actor-stub}}

This act makes no provision for the unlikely event that all eligible people on the succession list perish before one can assume the presidential powers and duties.

===Revisions===
The 1947 act has been modified several times with the addition of new cabinet positions, but the creation of the [[United States Department of Homeland Security]] in 2002 caused controversy that delayed its secretary from being placed in the succession order.

Many in the [[United States Congress|Congress]] felt the [[United States Secretary of Homeland Security|Secretary of Homeland Security]] should have been placed 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 [[United States Secretary of Housing and Urban Development|Secretary of Housing and Urban Development]]. It was proposed that he be granted the position held by the [[United States Secretary of the Navy|Secretary of the Navy]] prior to the formation of the [[United States Department of Defense|Department of Defense]]. In the [[109th United States Congress|109th Congress]] several bills to that effect were introduced.

The matter remained unresolved until [[March 9]], [[2006]], when the Presidential Succession Act was amended to add the Secretary of Homeland Security after the Secretary of Veterans Affairs.<ref>§ 503 of {{USPL|109|177}}</ref> In the [[109th United States Congress|109th Congress]], legislation was introduced to place the Secretary of Homeland Security into the line of succession after the Attorney General,<ref>S. 442, 109th Cong., February 17, 2005</ref> but the bill expired at the end of the 109th Congress and has not been re-introduced.

===Constitutionality===
There are also concerns regarding the [[Constitutionality]] of having members of the Congress in the line of succession. [[Article Two of the United States Constitution|Article II, Section 1, Clause 6]] of the Constitution specifies that only an "Officer" of the United States may be designated as a Presidential successor. Yale Law School Professor [[Akhil Reed Amar]] says the current Presidential Succession Act is "a disastrous statute, an accident waiting to happen."<ref>[http://www.aei.org/publications/pubID.19776,filter.all/pub_detail.asp AEI - Short Publications - It's Armageddon</ref> In testimony before the Senate Judiciary Committee on September 16, 2003 Miller Baker stated:

<blockquote>
The 1947 Act is probably unconstitutional because it appears that the Speaker of the House and the President pro tempore of the Senate are not “Officers” eligible to act as President within the meaning of the Succession Clause. This is because in referring to an “Officer,” the Succession Clause, taken in its context in Section 1 of Article II, probably refers to an “Officer of the United States,” a term of art under the Constitution, rather than any officer, which would include legislative and state officers referred to in the Constitution (e.g., the reference to state militia officers found in Article I, Section 8). In the very next section of Article II, the President is empowered to “require the Opinion, in writing, of the principal Officer in each of the executive Departments” and to appoint, by and with the advice and consent of the Senate, “Officers of the United States.” These are the “Officers” to whom the Succession Clause probably refers. This contextual reading is confirmed by Madison’s notes from the Constitutional Convention, which reveal that the Convention’s Committee of Style, which had no authority to make substantive changes, substituted “Officer” in the Succession Clause in place of “Officer of the United States,” probably because the Committee considered the full phrase redundant.<ref>www.continuityofgovernment.org/pdfs/091603MillerTestimony.pdf</ref>
</blockquote>

In ''Is the Presidential Succession Law Constitutional'', (48 Stan. L. Rev. 113 (1995)), Akhil Reed Amar and Vikram David Amar refer to [[Article One of the United States Constitution|Article I, Section 6, Clause 2]] (a.k.a., Incompatibility Clause) as evidence that members of the Congress can not be in the Presidential line of succession. That clause states:

<blockquote>
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.<ref>http://caselaw.lp.findlaw.com/data/constitution/article01/</ref>
</blockquote>

This doesn't mean that the Presidential Succession Act of 1947 would be declared unconstitutional if it came before a court. In ''The Political Question of Presidential Succession'' (48 Stan. L. Rev. 155 (1995)) Steven G. Calabresi suggests that this Act's Constitutionality could be ruled to be a [[Political question|Political Question]].

==Twenty fifth Amendment==
{{main|Twenty-fifth Amendment to the United States Constitution}}
Following the assassination of President [[John F. Kennedy|John Kennedy]] in 1963 and fully now in the [[Cold War]] mindset, [[Congress of the United States|Congress]] submitted, and the states quickly ratified, the Twenty fifth Amendment to the [[Constitution of the United States|Constitution]], Section 2 of which permits the [[President of the United States|President]] to nominate a [[Vice President of the United States|Vice President]] should the Vice Presidency become vacant.

While not directly impacting the Presidential Succession Act, Section 2 of the amendment has significantly reduced the likelihood (barring catastrophic circumstances) of a [[Speaker of the United States House of Representatives|Speaker of the House of Representatives]] being needed to act as President.

==Next in line==
The following people have been next in line for the powers and duties of the [[President of the United States|Presidency of the United States]] (i.e., to become [[Acting President of the United States|Acting President]], in the event of the death, resignation, or removal of the President and the [[Vice President of the United States]]):

===After the Presidential Succession Act of 1792===
{| class="wikitable"
|- bgcolor=#cccccc
! # !! Name !! Office Title !! Home State - Party !! Date Became Next in Line !! Date Ended !! How Became Next in Line !! President(s)
|- bgcolor=#CCFFCC
|align=center| 1 || [[William Harris Crawford]] || [[President pro tempore of the Senate]] || [[Georgia (U.S. state)|Georgia]] - [[United States Democratic-Republican Party|(D-R)]] || April 20, 1812 || March 4, 1813 || upon death of [[U.S. Vice President|V.P.]] [[George Clinton (politician)|George Clinton]] || [[James Madison|Madison]]
|- bgcolor=#CCFFCC
|align=center| 2 || [[Langdon Cheves]] || [[Speaker of the United States House of Representatives|Speaker of the House]] || [[South Carolina]] - [[United States Democratic-Republican Party|(D-R)]] || November 23, 1814 || November 25, 1814 || upon death of [[U.S. Vice President|V.P.]] [[Elbridge Gerry]] || [[James Madison|Madison]]
|- bgcolor=#CCFFCC
|align=center| 3 || [[John Gaillard]] || [[President pro tempore of the Senate]] || [[South Carolina]] - [[United States Democratic-Republican Party|(D-R)]] || November 25, 1814 || March 4, 1817 || appointed as pro tempore || [[James Madison|Madison]]
|- bgcolor=#DDEEFF
|align=center| 4 || [[Hugh Lawson White]] || [[President pro tempore of the Senate]] || [[Tennessee]] - [[United States Democratic Party|(D)]] || December 28, 1832 || March 4, 1833|| upon resignation of [[U.S. Vice President|V.P.]] [[John C. Calhoun]] || [[Andrew Jackson|Jackson]]
|- bgcolor=#FFFFCC
|align=center| 5 || [[Samuel Southard|Samuel Lewis Southard]] || [[President pro tempore of the Senate]] || [[New Jersey]] - [[United States Whig Party|(W)]] || April 4, 1841 || May 31, 1842 || upon death of [[U.S. President|President]] [[William H. Harrison]] || [[John Tyler|Tyler]]
|- bgcolor=#FFFFCC
|align=center| 6 || [[Willie Person Mangum|Willie P. Mangum]] || [[President pro tempore of the Senate]] || [[North Carolina]] - [[United States Whig Party|(W)]] || May 31, 1842 || March 4, 1845 || upon resignation of pro tempore [[Samuel Southard|Samuel Lewis Southard]] || [[John Tyler|Tyler]]
|- bgcolor=#DDEEFF
|align=center| 7 || Vacant || No office || Not applicable || July 9, 1850 || July 11, 1850 || upon death of [[U.S. President|President]] [[Zachary Taylor]] there was no sitting pro tempore and the [[Speaker of the United States House of Representatives|Speaker of the House]], [[Howell Cobb]], was ineligible for the presidency due to being only 34 years of age. The 1792 Succession Act did not designate any further successor. || [[Millard Fillmore|Fillmore]]
|- bgcolor=#DDEEFF
|align=center| 8 || [[William R. King|William Rufus de Vane King]] || [[President pro tempore of the Senate]] || [[Alabama]] - [[United States Democratic Party|(D)]] || July 11, 1850 || December 20, 1852 || appointed as pro tempore || [[Millard Fillmore|Fillmore]]
|- bgcolor=#DDEEFF
|align=center| 9 || [[David Rice Atchison]] || [[President pro tempore of the Senate]] || [[Missouri]] - [[United States Democratic Party|(D)]] || December 20, 1852 || March 4, 1853 || appointed as pro tempore || [[Millard Fillmore|Fillmore]]
|- bgcolor=#DDEEFF
|align=center| 10 || [[David Rice Atchison]] || [[President pro tempore of the Senate]] || [[Missouri]] - [[United States Democratic Party|(D)]] || April 18, 1853 || December 4, 1854 || upon death of [[U.S. Vice President|V.P.]] [[William R. King|William Rufus de Vane King]] || [[Franklin Pierce|Pierce]]
|- bgcolor=#DDEEFF
|align=center| 10 || [[Lewis Cass]] || [[President pro tempore of the Senate]] || [[Michigan]] - [[United States Democratic Party|(D)]] || December 4, 1854 || December 5, 1854 || appointed as pro tempore || [[Franklin Pierce|Pierce]]
|- bgcolor=#DDEEFF
|align=center| 12 || [[Jesse D. Bright]] || [[President pro tempore of the Senate]] || [[Indiana]] - [[United States Democratic Party|(D)]] || December 5, 1854 || June 9, 1856 || appointed as pro tempore || [[Franklin Pierce|Pierce]]
|- bgcolor=#DDEEFF
|align=center| 13 || [[Charles E. Stuart]] || [[President pro tempore of the Senate]] || [[Michigan]] - [[United States Democratic Party|(D)]] || June 9, 1856 || June 10, 1856 || appointed as pro tempore || [[Franklin Pierce|Pierce]]
|- bgcolor=#DDEEFF
|align=center| 14 || [[Jesse D. Bright]] || [[President pro tempore of the Senate]] || [[Indiana]] - [[United States Democratic Party|(D)]] || June 11, 1856 || January 6, 1857 || appointed as pro tempore || [[Franklin Pierce|Pierce]]
|- bgcolor=#DDEEFF
|align=center| 15 || [[James M. Mason]] || [[President pro tempore of the Senate]] || [[Virginia]] - [[United States Democratic Party|(D)]] || January 6, 1857 || March 4, 1857 || appointed as pro tempore || [[Franklin Pierce|Pierce]]
|- bgcolor=#FFE8E8
|align=center| 16 || [[Lafayette S. Foster]] || [[President pro tempore of the Senate]] || [[Connecticut]] - [[United States Republican Party|(R)]] || April 15, 1865 || March 2, 1867 || upon death of [[U.S. President|President]] [[Abraham Lincoln]] || [[Andrew Johnson|A. Johnson]]
|- bgcolor=#FFE8E8
|align=center| 17 || [[Benjamin Wade|Benjamin Franklin Wade]] || [[President pro tempore of the Senate]] || [[Ohio]] - [[United States Republican Party|(R)]] || March 2, 1867 || March 4, 1869 || appointed as pro tempore || [[Andrew Johnson|A. Johnson]]
|- bgcolor=#FFE8E8
|align=center| 18 || [[Thomas W. Ferry]] || [[President pro tempore of the Senate]] || [[Michigan]] - [[United States Republican Party|(R)]] || November 22, 1875 || March 4, 1877 || upon death of [[U.S. Vice President|V.P.]] [[Henry Wilson]] || [[Ulysses S. Grant|Grant]]
|- bgcolor=#DDEEFF
|align=center| 19 || [[Samuel J. Randall]] || [[Speaker of the United States House of Representatives|Speaker of the House]] || [[Pennsylvania]] - [[United States Democratic Party|(D)]] || September 19, 1881 || October 10, 1881 || upon death of [[U.S. President|President]] [[James A. Garfield]] || [[Chester A. Arthur|Arthur]]
|- bgcolor=#DDEEFF
|align=center| 20 || [[Thomas F. Bayard]] || [[President pro tempore of the Senate]] || [[Delaware]] - [[United States Democratic Party|(D)]] || October 10, 1881 || October 13, 1881 || appointed as pro tempore || [[Chester A. Arthur|Arthur]]
|-
|align=center| 21 || [[David Davis (senator)|David Davis III]] || [[President pro tempore of the Senate]] || [[Illinois]] – (Independent) || October 13, 1881 || March 4, 1885 || appointed as pro tempore || [[Chester A. Arthur|Arthur]]
|- bgcolor=#DDEEFF
|align=center| 22 || [[John Griffin Carlisle]] || [[Speaker of the United States House of Representatives|Speaker of the House]] || [[Kentucky]] - [[United States Democratic Party|(D)]] || November 25, 1885 || December 7, 1885 || upon death of [[U.S. Vice President|V.P.]] [[Thomas Hendricks]] || [[Grover Cleveland|Cleveland]]
|-
|- bgcolor=#FFE8E8
|align=center| 23 ||[[John Sherman (politician)|John Sherman]] || [[President pro tempore of the Senate]] || [[Ohio]] - [[United States Republican Party|(R)]] || December 7, 1885 || January 19, 1886 || appointed as pro tempore || [[Grover Cleveland|Cleveland]]
|}

===After the Presidential Succession Act of 1886===
{| class="wikitable"
|- bgcolor=#DDEEFF
|align=center| 24 || [[Thomas F. Bayard]] || [[United States Secretary of State|Secretary of State]] || [[Delaware]] - [[United States Democratic Party|(D)]] || January 19, 1886 || [[March 4]], [[1889]] || change in [[United States presidential line of succession|line of succession]] || [[Grover Cleveland|Cleveland]]
|- bgcolor=#FFE8E8
|align=center| 25 || [[John Hay|John Milton Hay]] || [[United States Secretary of State|Secretary of State]] || [[District of Columbia]] - [[United States Republican Party|(R)]] || November 21, 1899 || March 4, 1901 || upon death of [[U.S. Vice President|V.P.]] [[Garret Hobart]] || [[William McKinley|McKinley]]
|- bgcolor=#FFE8E8
|align=center| 26 || [[John Hay|John Milton Hay]] || [[United States Secretary of State|Secretary of State]] || [[District of Columbia]] - [[United States Republican Party|(R)]] || September 14, 1901 || March 4, 1905 || upon death of [[U.S. President|President]] [[William McKinley]] || [[Theodore Roosevelt|T. Roosevelt]]
|- bgcolor=#FFE8E8
|align=center| 27 || [[Philander C. Knox]] || [[United States Secretary of State|Secretary of State]] || [[Pennsylvania]] - [[United States Republican Party|(R)]] || October 30, 1912 || March 4, 1913 || upon death of [[U.S. Vice President|V.P.]] [[James S. Sherman]] || [[William Howard Taft|Taft]]
|- bgcolor=#FFE8E8
|align=center| 28 || [[Charles Evans Hughes]] || [[United States Secretary of State|Secretary of State]] || [[New York]] - [[United States Republican Party|(R)]] || August 2, 1923 || March 4, 1925 || upon death of [[U.S. President|President]] [[Warren G. Harding]] || [[Calvin Coolidge|Coolidge]]
|- bgcolor=#DDEEFF
|align=center| 29 || [[Edward Stettinius, Jr.]] || [[United States Secretary of State|Secretary of State]] || [[Virginia]] - [[United States Democratic Party|(D)]] || April 12, 1945 || June 27, 1945 || upon death of [[U.S. President|President]] [[Franklin D. Roosevelt]] || [[Harry S. Truman|Truman]]
|- bgcolor=#DDEEFF
|align=center| 30 || [[Henry Morgenthau, Jr.]] || [[United States Secretary of the Treasury|Secretary of the Treasury]] || [[New York]] - [[United States Democratic Party|(D)]] || June 27, 1945 || July 3, 1945 || upon resignation of [[United States Secretary of State|Secretary of State]] [[Edward Stettinius, Jr.]] ||[[Harry S. Truman|Truman]]
|- bgcolor=#DDEEFF
|align=center| 31 || [[James F. Byrnes]] || [[United States Secretary of State|Secretary of State]] || [[South Carolina]] - [[United States Democratic Party|(D)]] || July 3, 1945 || January 21, 1947 || appointed [[United States Secretary of State|Secretary of State]]|| [[Harry S. Truman|Truman]]
|- bgcolor=#DDEEFF
|align=center| 32 || [[George Marshall]] || [[United States Secretary of State|Secretary of State]] || [[Pennsylvania]] - [[United States Democratic Party|(D)]] || January 21, 1947 || July 17, 1947 || appointed [[United States Secretary of State|Secretary of State]] upon the resignation of [[James F. Byrnes]] || [[Harry S. Truman|Truman]]
|}

===After the Presidential Succession Act of 1947===
{| class="wikitable"
|- bgcolor=#FFE8E8
|align=center| 33 || [[Joseph William Martin, Jr.]] || [[Speaker of the United States House of Representatives|Speaker of the House]] || [[Massachusetts]] - [[United States Republican Party|(R)]] || July 17, 1947 || January 3, 1949 || upon [[Presidential Succession Act of 1947]] || [[Harry S. Truman|Truman]]
|- bgcolor=#DDEEFF
|align=center| 34 || [[Samuel Taliaferro Rayburn]] || [[Speaker of the United States House of Representatives|Speaker of the House]] || [[Texas]] - [[United States Democratic Party|(D)]] || January 3, 1949 || January 20, 1949 || upon change of powers of [[U.S. Congress|Congress]] || [[Harry S. Truman|Truman]]
|- bgcolor=#DDEEFF
|align=center| 35 || [[John William McCormack]] || [[Speaker of the United States House of Representatives|Speaker of the House]] || [[Massachusetts]] - [[United States Democratic Party|(D)]] || November 22, 1963 || January 20, 1965 || upon death of [[U.S. President|President]] [[John F. Kennedy]] || [[Lyndon B. Johnson|L. Johnson]]
|- bgcolor=#DDEEFF
|align=center| 36 || [[Carl Albert]] || [[Speaker of the United States House of Representatives|Speaker of the House]] || [[Oklahoma]] - [[United States Democratic Party|(D)]] || October 10, 1973 || December 6, 1973 || upon resignation of [[U.S. Vice President|V.P.]] [[Spiro Agnew]] || [[Richard Nixon|Nixon]]
|- bgcolor=#DDEEFF
|align=center| 37 || [[Carl Albert]] || [[Speaker of the United States House of Representatives|Speaker of the House]] || [[Oklahoma]] - [[United States Democratic Party|(D)]] || August 9, 1974 || December 19, 1974 || resignation of [[U.S. President|President]] [[Richard Nixon|Nixon]] || [[Gerald Ford|Ford]]
|}

==References==
{{reflist}}
==See also==
* [[United States presidential line of succession]]
* [[Acting Vice President of the United States]]

==External links==
* [http://www.fas.org/sgp/crs/misc/RL31761.pdf 'Presidential and Vice Presidential Succession: Overview and Current Legislation''], Congressional Research Service Report for Congress, Order Code RL31761, [[September 27]], [[2004]]
* [http://www.fas.org/sgp/crs/misc/RL32969.pdf ''Presidential Succession: An Overview with Analysis of Legislation Proposed in the 109th Congress''], Congressional Research Service Report for Congress, Order Code RL32969, [[June 29]], [[2005]]
*[http://www.amendment25.com Amendment25.com]
*[http://www.fed-soc.org/publications/pubID.123/pub_detail.asp Fools, Drunkards, & Presidential Succession]
*[http://www.continuityofgovernment.org/ Continuity of Government Commission]
*[http://www.senate.gov/comm/rules_and_administration/general/hearings/2003/091603_baker.htm Testimony of M. Miller Baker]


[[Category:1947 in law]]
[[de: Friedrich Kayßler]]
[[Category:United States federal government administration legislation]]
[[Category:United States presidential succession]]
[[Category:Vice Presidency of the United States]]

Revision as of 01:05, 14 October 2008

The Presidential Succession Act of 1947 (3 U.S.C. § 19) establishes the line of succession to the office of President of the United States in the event that neither a President or Vice President is able to "discharge the powers and duties of the office."

Congressional authority to enact such a law is twofold: Article II, Section 1, Clause 6 of the United States Constitution and Section 3 of the Twentieth Amendment to the Constitution.

Previous Acts

Presidential Succession Act of 1792

Provisions

The Presidential Succession Act of 1792 declared that, in the event of the removal, resignation, or death of both the President and Vice President, the President pro tempore of the United States Senate would act as President, followed by the Speaker of the United States House of Representatives, until the holding of a special election for President and Vice President.[1]

Potential implementation

While the 1792 act was never implemented, there were a number of instances where, had the President died, resigned, or been removed from office, the President pro tempore of the Senate would have become the Acting President. These include:

In each case, the Vice Presidency was left vacant, leaving the President pro tempore of the Senate next in line.

The closest the act came to being implemented occurred in 1868, 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 removed from office, Benjamin Wade, President pro tempore of the Senate, would have been Acting President until a special Presidential election had been held.[2]

Presidential Succession Act of 1886

Provisions

In 1886, a new Presidential Succession Act was adopted,[3] replacing the President pro tempore of the Senate and the Speaker of the House on the list 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. As six former Secretaries of State had gone on to be elected President in their own right, and as only one Congressional leader, Speaker of the House James K. Polk, had done so to that time, the change was widely accepted.

Potential implementation

As with the 1792 act, the act of 1886 was never implemented during its 61 years, but there were instances where, had the President died, resigned, or been removed from office, the Secretary of State would have become Acting President. These instances are:

Current Act

Text

§ 19. Vacancy in offices of both President and Vice President; officers eligible to act.

(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, Secretary of Homeland Security.
(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)
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.
(f)
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.

Changes made by 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.

The new law restored the Congressional officers to places directly after the Vice President, but switched their order from the 1792 Act, placing the Speaker of the House 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 line of succession, directly after the Secretary of the Treasury. This placed the Defense Department in the place that had been held by the Department of War.

Potential implementation

As with its predecessors, this act has not been implemented. There have been instances where it would have been if the President had died, resigned, or been removed from office. For example: Following Spiro T. Agnew's resignation as Vice President in 1973, and the following year in the interim between Gerald R. Ford's succession to the presidency and the confirmation of Vice President Nelson Rockefeller. In both cases, this was avoided by the ability to fill Vice Presidential vacancies.

During the September 11, 2001 terrorist attack, several people holding offices in the line of succession (among them Speaker Dennis Hastert and Senate President pro tempore Robert Byrd) were taken to "secure locations" in order to guarantee that at least one officer in the line of succession would survive the attacks.

This act makes no provision for the unlikely event that all eligible people on the succession list perish before one can assume the presidential powers and duties.

Revisions

The 1947 act has been modified several times with the addition of new cabinet positions, but the creation of the United States Department of Homeland Security in 2002 caused controversy that delayed its secretary from being placed in the succession order.

Many in the Congress felt the Secretary of Homeland Security should have been placed 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. It was proposed that he be granted the position held by the Secretary of the Navy prior to the formation of the Department of Defense. In the 109th Congress several bills to that effect were introduced.

The matter remained unresolved until March 9, 2006, when the Presidential Succession Act was amended to add the Secretary of Homeland Security after the Secretary of Veterans Affairs.[4] In the 109th Congress, legislation was introduced to place the Secretary of Homeland Security into the line of succession after the Attorney General,[5] but the bill expired at the end of the 109th Congress and has not been re-introduced.

Constitutionality

There are also concerns regarding the Constitutionality of having members of the Congress in the line of succession. Article II, Section 1, Clause 6 of the Constitution specifies that only an "Officer" of the United States may be designated as a Presidential successor. Yale Law School Professor Akhil Reed Amar says the current Presidential Succession Act is "a disastrous statute, an accident waiting to happen."[6] In testimony before the Senate Judiciary Committee on September 16, 2003 Miller Baker stated:

The 1947 Act is probably unconstitutional because it appears that the Speaker of the House and the President pro tempore of the Senate are not “Officers” eligible to act as President within the meaning of the Succession Clause. This is because in referring to an “Officer,” the Succession Clause, taken in its context in Section 1 of Article II, probably refers to an “Officer of the United States,” a term of art under the Constitution, rather than any officer, which would include legislative and state officers referred to in the Constitution (e.g., the reference to state militia officers found in Article I, Section 8). In the very next section of Article II, the President is empowered to “require the Opinion, in writing, of the principal Officer in each of the executive Departments” and to appoint, by and with the advice and consent of the Senate, “Officers of the United States.” These are the “Officers” to whom the Succession Clause probably refers. This contextual reading is confirmed by Madison’s notes from the Constitutional Convention, which reveal that the Convention’s Committee of Style, which had no authority to make substantive changes, substituted “Officer” in the Succession Clause in place of “Officer of the United States,” probably because the Committee considered the full phrase redundant.[7]

In Is the Presidential Succession Law Constitutional, (48 Stan. L. Rev. 113 (1995)), Akhil Reed Amar and Vikram David Amar refer to Article I, Section 6, Clause 2 (a.k.a., Incompatibility Clause) as evidence that members of the Congress can not be in the Presidential line of succession. That clause states:

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.[8]

This doesn't mean that the Presidential Succession Act of 1947 would be declared unconstitutional if it came before a court. In The Political Question of Presidential Succession (48 Stan. L. Rev. 155 (1995)) Steven G. Calabresi suggests that this Act's Constitutionality could be ruled to be a Political Question.

Twenty fifth Amendment

Main article: Twenty-fifth Amendment to the United States Constitution

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 Twenty fifth Amendment to the Constitution, Section 2 of which permits the President to nominate a Vice President should the Vice Presidency become vacant.

While not directly impacting the Presidential Succession Act, Section 2 of the amendment has significantly reduced the likelihood (barring catastrophic circumstances) of a Speaker of the House of Representatives being needed to act as President.

Next in line

The following people have been next in line for the powers and duties of the Presidency of the United States (i.e., to become Acting President, in the event of the death, resignation, or removal of the President and the Vice President of the United States):

After the Presidential Succession Act of 1792

# Name Office Title Home State - Party Date Became Next in Line Date Ended How Became Next in Line President(s)
1 William Harris Crawford President pro tempore of the Senate Georgia - (D-R) April 20, 1812 March 4, 1813 upon death of V.P. George Clinton Madison
2 Langdon Cheves Speaker of the House South Carolina - (D-R) November 23, 1814 November 25, 1814 upon death of V.P. Elbridge Gerry Madison
3 John Gaillard President pro tempore of the Senate South Carolina - (D-R) November 25, 1814 March 4, 1817 appointed as pro tempore Madison
4 Hugh Lawson White President pro tempore of the Senate Tennessee - (D) December 28, 1832 March 4, 1833 upon resignation of V.P. John C. Calhoun Jackson
5 Samuel Lewis Southard President pro tempore of the Senate New Jersey - (W) April 4, 1841 May 31, 1842 upon death of President William H. Harrison Tyler
6 Willie P. Mangum President pro tempore of the Senate North Carolina - (W) May 31, 1842 March 4, 1845 upon resignation of pro tempore Samuel Lewis Southard Tyler
7 Vacant No office Not applicable July 9, 1850 July 11, 1850 upon death of President Zachary Taylor there was no sitting pro tempore and the Speaker of the House, Howell Cobb, was ineligible for the presidency due to being only 34 years of age. The 1792 Succession Act did not designate any further successor. Fillmore
8 William Rufus de Vane King President pro tempore of the Senate Alabama - (D) July 11, 1850 December 20, 1852 appointed as pro tempore Fillmore
9 David Rice Atchison President pro tempore of the Senate Missouri - (D) December 20, 1852 March 4, 1853 appointed as pro tempore Fillmore
10 David Rice Atchison President pro tempore of the Senate Missouri - (D) April 18, 1853 December 4, 1854 upon death of V.P. William Rufus de Vane King Pierce
10 Lewis Cass President pro tempore of the Senate Michigan - (D) December 4, 1854 December 5, 1854 appointed as pro tempore Pierce
12 Jesse D. Bright President pro tempore of the Senate Indiana - (D) December 5, 1854 June 9, 1856 appointed as pro tempore Pierce
13 Charles E. Stuart President pro tempore of the Senate Michigan - (D) June 9, 1856 June 10, 1856 appointed as pro tempore Pierce
14 Jesse D. Bright President pro tempore of the Senate Indiana - (D) June 11, 1856 January 6, 1857 appointed as pro tempore Pierce
15 James M. Mason President pro tempore of the Senate Virginia - (D) January 6, 1857 March 4, 1857 appointed as pro tempore Pierce
16 Lafayette S. Foster President pro tempore of the Senate Connecticut - (R) April 15, 1865 March 2, 1867 upon death of President Abraham Lincoln A. Johnson
17 Benjamin Franklin Wade President pro tempore of the Senate Ohio - (R) March 2, 1867 March 4, 1869 appointed as pro tempore A. Johnson
18 Thomas W. Ferry President pro tempore of the Senate Michigan - (R) November 22, 1875 March 4, 1877 upon death of V.P. Henry Wilson Grant
19 Samuel J. Randall Speaker of the House Pennsylvania - (D) September 19, 1881 October 10, 1881 upon death of President James A. Garfield Arthur
20 Thomas F. Bayard President pro tempore of the Senate Delaware - (D) October 10, 1881 October 13, 1881 appointed as pro tempore Arthur
21 David Davis III President pro tempore of the Senate Illinois – (Independent) October 13, 1881 March 4, 1885 appointed as pro tempore Arthur
22 John Griffin Carlisle Speaker of the House Kentucky - (D) November 25, 1885 December 7, 1885 upon death of V.P. Thomas Hendricks Cleveland
23 John Sherman President pro tempore of the Senate Ohio - (R) December 7, 1885 January 19, 1886 appointed as pro tempore Cleveland

After the Presidential Succession Act of 1886

24 Thomas F. Bayard Secretary of State Delaware - (D) January 19, 1886 March 4, 1889 change in line of succession Cleveland
25 John Milton Hay Secretary of State District of Columbia - (R) November 21, 1899 March 4, 1901 upon death of V.P. Garret Hobart McKinley
26 John Milton Hay Secretary of State District of Columbia - (R) September 14, 1901 March 4, 1905 upon death of President William McKinley T. Roosevelt
27 Philander C. Knox Secretary of State Pennsylvania - (R) October 30, 1912 March 4, 1913 upon death of V.P. James S. Sherman Taft
28 Charles Evans Hughes Secretary of State New York - (R) August 2, 1923 March 4, 1925 upon death of President Warren G. Harding Coolidge
29 Edward Stettinius, Jr. Secretary of State Virginia - (D) April 12, 1945 June 27, 1945 upon death of President Franklin D. Roosevelt Truman
30 Henry Morgenthau, Jr. Secretary of the Treasury New York - (D) June 27, 1945 July 3, 1945 upon resignation of Secretary of State Edward Stettinius, Jr. Truman
31 James F. Byrnes Secretary of State South Carolina - (D) July 3, 1945 January 21, 1947 appointed Secretary of State Truman
32 George Marshall Secretary of State Pennsylvania - (D) January 21, 1947 July 17, 1947 appointed Secretary of State upon the resignation of James F. Byrnes Truman

After the Presidential Succession Act of 1947

33 Joseph William Martin, Jr. Speaker of the House Massachusetts - (R) July 17, 1947 January 3, 1949 upon Presidential Succession Act of 1947 Truman
34 Samuel Taliaferro Rayburn Speaker of the House Texas - (D) January 3, 1949 January 20, 1949 upon change of powers of Congress Truman
35 John William McCormack Speaker of the House Massachusetts - (D) November 22, 1963 January 20, 1965 upon death of President John F. Kennedy L. Johnson
36 Carl Albert Speaker of the House Oklahoma - (D) October 10, 1973 December 6, 1973 upon resignation of V.P. Spiro Agnew Nixon
37 Carl Albert Speaker of the House Oklahoma - (D) August 9, 1974 December 19, 1974 resignation of President Nixon Ford

References

  1. ^ An Act relative to the Election of a President and Vice President of the United States, and declaring the Officer who shall act as President in case of Vacancies in the offices both of President and Vice President, 1 Stat. 239, § 9-10 (March 1, 1792)
  2. ^ IS THE PRESIDENTIAL SUCCESSION LAW CONSTITUTIONAL?, 48 Stan. L. Rev. 113 (November 1995)
  3. ^ 24 Stat. 1
  4. ^ § 503 of Pub. L.Tooltip Public Law (United States) 109–177 (text) (PDF)
  5. ^ S. 442, 109th Cong., February 17, 2005
  6. ^ [http://www.aei.org/publications/pubID.19776,filter.all/pub_detail.asp AEI - Short Publications - It's Armageddon
  7. ^ www.continuityofgovernment.org/pdfs/091603MillerTestimony.pdf
  8. ^ http://caselaw.lp.findlaw.com/data/constitution/article01/

See also

External links

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