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Presidential history: The refinement of presidential succession

Presidential succession following a chief executive’s demise, resignation or removal from office is not just a conceptual process. Since the start of the republic, the transfer of power has occurred after the death of eight chief executives and one resignation.

In all nine instances, the vice president assumed the duties of the chief magistrate. While the two highest elected offices in the land have never been simultaneously vacant, the replacement sequence, if such an event transpires, has been the subject of debate throughout history. Over the years, different scenarios have shaped three congressional acts and constitutional amendments to clarify the presidential replacement chronology.

The original U.S. Constitution contained the baseline pathway.

“When the drafters gathered in 1787 to write the governing charter that would soon become the United States, the subject of succession was far from a priority. There were more pressing items on the agenda,” Richard Albert noted in the Hofstra Law Review.

When the subject was finally raised late in the convention, the era’s average age of death of 35 years weighed on the delegates’ minds to be certain that there was a clear assumption track. Article II, Section I of the Constitution stated the basic premise; if a president is removed or unable to execute the sworn duties and powers of the office, the vice president would assume the post. The Framers stipulated that Congress was empowered to establish the line of conferment and any implementation measures.

The Succession Act of 1792 filled a major gap not addressed in the Constitution: Who would take over if both the presidency and vice presidency were vacated?

“After examining several options including designating the Secretary of State or Chief Justice as successor, Congress settled on the President Pro Tempore of the Senate and Speaker of the House of Representatives, in that order,” according to Thomas Neale of the Congressional Research Service. There was an additional notable aspect of the Succession Act. In those instances where the Senate pro tempore or speaker of the House assumed the office of commander in chief, they would only function temporarily until a special presidential election could be held to fill the position.

Author John Feerick in his book, “From Failing Hands: The Story of Presidential Succession,” remarked that “although there was not great enthusiasm for the first succession law, it was to be the law of the land for the next ninety-four years.”

On April 4, 1841, just 31 days after his inauguration, President William Henry Harrison died, and John Tyler became the initial vice president to accede to the nation’s highest office when the incumbent could no longer serve. There was early confusion on whether his standing was as “acting president” or the “actual president.” Tyler put the uncertainty to rest by quickly assuming the role in both title and function. Callie Hopkins of the White House Historical Association writes: “He took the presidential oath in the presence of his cabinet to bolster his claim. Every vice president to ascend to the presidency since Tyler has followed his example.”

In one historic instance, a presidential vacancy was nearly filled by a non-vice president.

In 1867, President Andrew Johnson was impeached. At his Senate trial, Benjamin Wade wanted him found guilty and removed from office. His motive was quite personal. As president pro tempore of the Senate, Wade was in line to become the chief executive if Johnson was convicted because there was no serving vice president. The office was vacant because as Lincoln’s vice president, Johnson succeeded the assassinated president. He was acquitted by one vote, thwarting Wade’s ambition. Some have said that Wade is the only person to have lost the presidency by a single ballot.

The July 2, 1881, shooting of James Garfield and his subsequent incapacity for 80 days before his death raised a number of succession concerns.

“During Garfield’s time of disability, it was uncertain if Vice President Chester A. Arthur should serve as acting president or if he should officially replace Garfield,” Amy Tikkanen says on Britannica.com. The issue was further complicated because Congress was not in session, meaning there was no president pro tempore of the Senate nor speaker of the House to replace Garfield if something should happen to Arthur.

There was a cry for reform, but it did not occur until five years later.

The Succession Act of 1886 removed the two congressional members from the ascension lineup established in 1792 and replaced them with cabinet officers in the chronological order in which their departments were created. The legislation also extracted the requirement of a special election, but the law did not clarify the quandary of a disabled chief executive.

In 1933, the 20th Amendment resolved what occurs if a president-elect dies — the vice president-elect becomes president-elect and is subsequently inaugurated. Fourteen years later, in 1947, legislation reinstated the speaker of the House and president pro tempore to the line of accession ahead of the presidential cabinet.

After President John F. Kennedy’s assassination, the 25th Amendment became the centerpiece of today’s succession protocols.

• It formalized the tradition started by John Tyler that the vice president assumes the powers of the chief executive when elevated to the position.
• It empowered the president to nominate a vice president whenever the office is vacant; the nominee then needs Senate confirmation.
• It established procedures for the vice president to temporarily acquire the authority of the presidency in cases of disability.

As a result of this amendment, two vice presidents — Gerald Ford and Nelson Rockefeller — have taken office, and a number of commanders in chief have temporarily transferred their powers to the vice president when undergoing a medical procedure requiring general anesthesia.

Author Feerick writes that “the smooth and systemic manner by which presidential power passes from one hand to another has demonstrated one remarkable feature of our government — its continuity.”

Jonathan L. Stolz is a resident of James City County.