Acting President of the United States
Encyclopedia
Acting President of the United States is a reference to a person who is legitimately exercising the Presidential powers even though that person does not hold the office of the President of the United States
in his own right.
, Section 1 of the Constitution, appears to establish the position of Acting President:
Article I
, Section 3 of the Constitution, providing for the election of officers of the Senate, appears to assume that the Vice President succeeds to the Office of the President rather than merely discharging the duties thereof:
President," which raised the following questions:
succeeded William Henry Harrison
upon Harrison's death. Tyler made it clear that he was the President rather than the Vice President acting as such, thus establishing precedent in accordance with the Article I interpretation. Constitutional scholars, while not generally criticizing Tyler's actions, nonetheless were uncomfortable with the informality of this process and could easily imagine problematic situations in which the applicability of the precedent would not be clear. This question would come up repeatedly over the next 100 years until resolved by the ratification of the 25th Amendment
in 1967 (see also: Presidential Succession Act
).
, but in nearly every case the Vice President (or the next in the line of succession) did not act, most likely because there was no formal process established for doing so.
Some constitutional scholars believe that Tyler's actions in succeeding Harrison as President directly conflicted with the provisions of the 12th Amendment
, adopted in 1804, which reads in part:
This clause proved vague, in that it was unclear what qualified as a "constitutional disability". The amendment is describing Presidential elections, and the duty of the House of Representatives in choosing a President when the Electoral College is deadlocked. The clause assumes a Vice-Presidential candidate has cleared all electoral hurdles and can carry out the duties of the President until the House can select a full-term President per its Constitutional requirements. Because someone presumably could claim constitutional priority to the presidency over the Vice President in this scenario, the Vice President logically could not assume the full Presidency. "Constitutional disability" in this context could describe either the potential President's failure to meet the eligibility requirements of the office or his not having completed his electoral affirmation by Congress.
Because President Harrison was dead, Tyler could not lose his constitutional authority to act as President other than through his own death or incapacity, and therefore the assumption of the full title of President was simply a matter of semantics. When the 20th Amendment
was ratified in 1933, Section 3 superseded the above-quoted portion of the 12th Amendment but did nothing to clarify what qualified as a "constitutional disability":
Despite ratification of these amendments, the death, resignation, or removal from office of the President remained the only means by which a Vice President could discharge the powers and duties of the office. The amendments' provisions remained untested in over a dozen instances in which a President's health or other considerations might have made it prudent to have the Vice President act as President, including these:
, ratified in 1967, clears up many of the issues which surrounded presidential succession and incapacity. Section 1 made it clear that in the event of a vacancy in the office of President, the Vice President succeeds to the office, while Section 2 established a procedure for filling Vice Presidential vacancies.
Upon this declaration, which is transmitted in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate, the Vice President becomes Acting President. The Vice President continues to act as President until the President declares, by another letter to the leaders of each house of Congress, that he is once again able to discharge the powers and duties of the presidency.
The not-self-declared incapacity provision established by section 4 of the 25th Amendment requires action by "the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide"; thefore, the text of the 25th Amendment allows Congress to transfer, by law, the role of the President's Cabinet to another body. In that case, instead of actions taken by the Vice President and a majority of the Cabinet, the procedures under section 4 of the 25 Amendment would require action by the Vice President together with a majority of the other body provided by law. However, Congress has never opted to pass a statute transferring to another body the role of the "principal officers of the executive departments" in determining presidential incapacity, and therefore that role is vested in the President's Cabinet.
Upon this the declaration signed by the Vice-President and a majority of the members of the Cabinet, which is transmitted in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate, the Vice President immediately becomes Acting President.
If the President submits a letter to the leaders of Congress stating that he is able to discharge the powers and duties of the presidency and four days elapse without further action on the part of the Vice-President and a majority of the Cabinet, then the Vice President's service as Acting President is terminated. Thus, unlike the procedure under section 3 of the 25th Amendment, a declaration by the incapacitated President to the effect that he is able to resume the powers and duties of his office does not have immediate effect if the incapacity was declared under section four of the 25th amendment. The President only resumes his powers and duties if the Vice President and a majority of the Cabinet do not recertify the President's incapacity within the constitutionally prescribed four day period. If the Vice President and a majority of the Cabinet recertify that declaration to the leaders of Congress, the Vice President remains in his role as Acting President and Congress is constitutionally obligated to consider (or to assemble within 48 hours and consider, if not already in session) the issue. The Congress has a maximum of 21 days after receipt of the Vice President and Cabinet's most recent letter to decide if the President is indeed not able to discharge the powers and duties of his office. If Congress does not, by two-thirds vote of each house, determine, within the constitutionally mandated 21 day period, that the President is indeed unable to discharge the powers and duties his office, then those duties automatically return to the President and the Vice President's service as Acting President ends.
Ostensibly to be used in the event of a President's complete mental or physical disability, this method of transferring presidential power has never been used. In cases such as the 1981 assassination attempt
on President Ronald Reagan
however, this method of designating an Acting President could have been justified, in consideration of the fact that Reagan was literally unable to give any orders in the immediate aftermath of the shooting.
, the line of presidential succession
was spelled out in great detail, including the Speaker of the House of Representatives
, the President pro tempore of the Senate
, and the existing cabinet officers.
Realizing that committing such a list to the constitution
could cause issues later should amending the line of succession be desirable, however, led Congress
to deliver an amendment which did not constitutionally place these officers in the succession line.
, acting under the powers conferred upon it by Article II, Section 1 of the United States Constitution, and by Section 3 of the 20th Amendment
, has provided for cases where neither a President nor Vice President is able to discharge the powers and duties of the office of President via the Presidential Succession Act
(officially styled "An Act to provide for the performance of the duties of the office of President in case of the removal, resignation, death, or inability both of the President and Vice President").
The constitutional delegation of authority that enabled Congress to enact the Presidential Succession Act is twofold: the authority of Congress to regulate cases when neither a President-elect, nor a Vice President-elect have qualified, determining who shall act as President in that specific situation stems from section 3 of the 20th Amendment. On the other hand, the power of the Legislature to determine who shall act as President in the cases of removal, resignation, death, or inability both of the President and Vice President is provided for in article Article II, section 1, clause 6, of the Constitution. Congress has chosen to regulate both situations by the same statute, and the Presidential Succession Act it passed in 1947 deals with both cases.
The Presidential Succession Act of 1947 is not the first statute to have been enacted by Congress under the above mentioned constitutional provisions. Before the enactment of the current statute previous Acts of Congress (the Presidential Succession Acts of 1792 and 1886) dealt with the hypothesis of there being neither a President nor a Vice President able to discharge the powers of the presidency.
Apart from the circumstances regulated by sections 3 and 4 of the 25th Amendment, the provisions of the Presidential Succession Act of 1947 regulate the only other scenarios in which the office of Acting President would come into existence.
While none of these officers would succeed to the presidency as would a Vice President, the provisions of the Presidential Succession Act of 1947, now codified in Title 3, Chapter 1, Section 19 of the United States Code
, create a line of succession
that allows the Speaker of the House, the President pro tempore of the Senate, and Cabinet officers, to serve as Acting President in the case of removal, resignation, death or inability of both the President and Vice President, and also in the case of failure to qualify of both a President-elect and a Vice President-elect. The following is the currently established line of succession after the President and the Vice President:
The fact that section 2 of the 25th Amendment allows a President to nominate a new Vice President whenever a vacancy occurs in that office, while not directly impacting the Presidential Succession Act, has greatly diminished the potential for its coming into operation. Indeed, since the office of Vice President, once vacant, no longer remains vacant until the end of the presidential term, but is now filled by presidential nomination confirmed by Congress, the likelihood of there ever being a time when there is simultaneously neither a President nor a Vice President able to discharge the powers and duties of the presidency has greatly decreased.
no one other than a Vice President
has acted as President.
and the Presidential Succession Act
, an Acting President has identical constitutional "powers and duties" as the President, being able to sign bills into law, petition Congress
for a declaration of war, and perform other tasks, but does not hold the office of President itself. The incapacitated President remains the sole holder of the presidential office, although the powers and duties of the presidency are transferred to the Acting President. The President who is unable to exercise the powers and duties of the office remains the President of the United States during the period when there is an Acting President; in other words, the incapacitated President does not become an ordinary citizen. The President is deprived of the powers and duties of the office, but not of presidential status. Similarly, while the Vice President is discharging the powers and duties of the presidency pursuant to sections 3 or 4 of the 25th Amendment, he still holds the office of Vice President. He would be both Vice President and Acting President simultaneously.
While the Constitution requires the President to take this oath upon entering into the office, the 25th Amendment states that, upon it being invoked "the Vice President shall immediately assume the powers and duties of the office as Acting President." Thus, the Vice President becomes Acting President as soon as the Speaker of the House of Representatives and the President pro tempore of the Senate receive the written declaration issued under either section 3 or section 4 of the 25th Amendment, no oath being required.
Precedent confirms that, since, in the three occasions when the 25th Amendment was invoked, there is no record of the Vice President having taken the oath. In the case of the Amendment's second invocation by President George W. Bush in 2002, a detailed account of the procedure was subsequently given by the White House Press Secretary, and no mention whatsoever was made of the oath being taken by the Vice President. Instead, it is recorded that Vice President Cheney was informed by telephone that he was now Acting President as soon as the invocation letters signed by the President were transmitted to the Speaker of the House and the President pro tempore of the Senate. Likewise, there is no historical record of Vice President George H. W. Bush taking the oath when he filled in for President Ronald Reagan during the latter's prostate surgery nor of Cheney taking the oath the second time he assumed George W. Bush's presidential duties.
It should be noted, however, that the Presidential Succession Act of 1947 (that applies only when there is neither a President nor a Vice President able to discharge the powers and duties of the office) makes reference to the oath, albeit in an indirect manner. It states that the Speaker of the House of Representatives, the President pro tempore of the Senate, and the mentioned members of the Cabinet, upon being called to act as President, shall resign their offices of origin, and, in the section referring to members of the Cabinet acting as President, it states that the taking of the oath of office by one person so called to act as President shall be held to constitute the said person's resignation from the Cabinet office by virtue of the holding of which he qualifies to act as President. However, the Act stops short of explicitly requiring the presidential oath to be taken. In any event, the Presidential Succession Act does not apply when the Vice President is the one in place to act as President.
Neither Section 4 of the 25th Amendment, nor the Presidential Succession Act of 1947 and its predecessor acts have ever come into operation.
Only three times in American history has someone acted as President. In all cases, the self-declared incapacity method was used by a President to voluntarily transfer presidential authority to his Vice President:
So, while Reagan didn't wish for his particular situation to establish a precedent binding future Presidents to turn over their authority every time they underwent surgery, his intent to transfer executive authority in that instance was clear.
Furthermore, the 25th Amendment does not require that the written declaration contain express words invoking the amendment itself. It simply requires a written statement that the President is unable to discharge his powers and duties. The 1985 Reagan invocation letter was clear in stating that he would be so incapable.
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
in his own right.
Origin of the position: Constitution (1787)
Article IIArticle Two of the United States Constitution
Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...
, Section 1 of the Constitution, appears to establish the position of Acting President:
Article I
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
, Section 3 of the Constitution, providing for the election of officers of the Senate, appears to assume that the Vice President succeeds to the Office of the President rather than merely discharging the duties thereof:
Questions raised
The above texts raised many questions regarding the status of a Vice President upon the death or resignation of the elected President, and whether he would be an "ActingActing (law)
In law, when someone is said to be acting in a position it can mean one of three things.*The position has not yet been formally created.*The person is only occupying the position temporarily, to ensure continuity.*The person does not have a mandate....
President," which raised the following questions:
- Did the phrase "the same shall devolve upon the Vice President" refer to the office of the President, or simply its powers and responsibilities? If it meant the office, then a disabled President had no legal method of returning to power.
- What specific conditions would install the Vice President (or another officer) as Acting President? What was the procedure necessary to declare the incapacity of the President? Would Congressional action be necessary to declare a President disabled, or could he declare himself incapacitated?
Presidential succession precedent
Since a strict adherence to either of the two sections of the Constitution could yield opposing interpretations, there was, naturally, much disagreement when the matter was first put to the test. Any question regarding the Vice President succeeding to the Presidency was for all intents and purposes resolved in April 1841 when John TylerJohn Tyler
John Tyler was the tenth President of the United States . A native of Virginia, Tyler served as a state legislator, governor, U.S. representative, and U.S. senator before being elected Vice President . He was the first to succeed to the office of President following the death of a predecessor...
succeeded William Henry Harrison
William Henry Harrison
William Henry Harrison was the ninth President of the United States , an American military officer and politician, and the first president to die in office. He was 68 years, 23 days old when elected, the oldest president elected until Ronald Reagan in 1980, and last President to be born before the...
upon Harrison's death. Tyler made it clear that he was the President rather than the Vice President acting as such, thus establishing precedent in accordance with the Article I interpretation. Constitutional scholars, while not generally criticizing Tyler's actions, nonetheless were uncomfortable with the informality of this process and could easily imagine problematic situations in which the applicability of the precedent would not be clear. This question would come up repeatedly over the next 100 years until resolved by the ratification of the 25th Amendment
Twenty-fifth Amendment to the United States Constitution
The Twenty-fifth Amendment to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities...
in 1967 (see also: Presidential Succession Act
Presidential Succession Act
The Presidential Succession Act establishes the line of succession to the powers and duties of the office of President of the United States in the event that neither a President nor Vice President is able to "discharge the powers and duties of the office." The current Presidential Succession Act...
).
Presidential disability before 1967
The possibility of installing an Acting President was informally discussed several times prior to the ratification of the 25th AmendmentTwenty-fifth Amendment to the United States Constitution
The Twenty-fifth Amendment to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities...
, but in nearly every case the Vice President (or the next in the line of succession) did not act, most likely because there was no formal process established for doing so.
Some constitutional scholars believe that Tyler's actions in succeeding Harrison as President directly conflicted with the provisions of the 12th Amendment
Twelfth Amendment to the United States Constitution
The Twelfth Amendment to the United States Constitution provides the procedure for electing the President and Vice President. It replaced Article II, Section 1, Clause 3, which provided the original procedure by which the Electoral College functioned. Problems with the original procedure arose in...
, adopted in 1804, which reads in part:
This clause proved vague, in that it was unclear what qualified as a "constitutional disability". The amendment is describing Presidential elections, and the duty of the House of Representatives in choosing a President when the Electoral College is deadlocked. The clause assumes a Vice-Presidential candidate has cleared all electoral hurdles and can carry out the duties of the President until the House can select a full-term President per its Constitutional requirements. Because someone presumably could claim constitutional priority to the presidency over the Vice President in this scenario, the Vice President logically could not assume the full Presidency. "Constitutional disability" in this context could describe either the potential President's failure to meet the eligibility requirements of the office or his not having completed his electoral affirmation by Congress.
Because President Harrison was dead, Tyler could not lose his constitutional authority to act as President other than through his own death or incapacity, and therefore the assumption of the full title of President was simply a matter of semantics. When the 20th Amendment
Twentieth Amendment to the United States Constitution
The Twentieth Amendment to the United States Constitution establishes the beginning and ending of the terms of the elected federal offices. It also deals with scenarios in which there is no President-elect...
was ratified in 1933, Section 3 superseded the above-quoted portion of the 12th Amendment but did nothing to clarify what qualified as a "constitutional disability":
Despite ratification of these amendments, the death, resignation, or removal from office of the President remained the only means by which a Vice President could discharge the powers and duties of the office. The amendments' provisions remained untested in over a dozen instances in which a President's health or other considerations might have made it prudent to have the Vice President act as President, including these:
- During May 1790, when President George WashingtonGeorge WashingtonGeorge Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
was temporarily debilitated by severe influenzaInfluenzaInfluenza, commonly referred to as the flu, is an infectious disease caused by RNA viruses of the family Orthomyxoviridae , that affects birds and mammals...
. Many thought Washington would die; but neither he, nor Vice President John AdamsJohn AdamsJohn Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
, nor the SenateUnited States SenateThe United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
attempted to invoke any effort to install Adams as Acting President temporarily, because there was no provision for such action. - For several weeks in 1813, when President James MadisonJames MadisonJames Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
suffered from a high feverFeverFever is a common medical sign characterized by an elevation of temperature above the normal range of due to an increase in the body temperature regulatory set-point. This increase in set-point triggers increased muscle tone and shivering.As a person's temperature increases, there is, in...
and delirium. During this time some believed that he had become deranged and could not carry out his responsibilities, which was especially troublesome in the midst of the War of 1812War of 1812The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
. Despite the intensive military operations, apparently no serious thought was given stripping Madison of his powers and duties temporarily, perhaps partly because his Vice President, Elbridge GerryElbridge GerryElbridge Thomas Gerry was an American statesman and diplomat. As a Democratic-Republican he was selected as the fifth Vice President of the United States , serving under James Madison, until his death a year and a half into his term...
, also was in poor health and nearing age 70. - During early 1818, when President James MonroeJames MonroeJames Monroe was the fifth President of the United States . Monroe was the last president who was a Founding Father of the United States, and the last president from the Virginia dynasty and the Republican Generation...
was temporarily incapacitated with malariaMalariaMalaria is a mosquito-borne infectious disease of humans and other animals caused by eukaryotic protists of the genus Plasmodium. The disease results from the multiplication of Plasmodium parasites within red blood cells, causing symptoms that typically include fever and headache, in severe cases...
. Monroe recovered, and transferring power to Vice President Daniel D. TompkinsDaniel D. TompkinsDaniel D. Tompkins was an entrepreneur, jurist, Congressman, the fourth Governor of New York , and the sixth Vice President of the United States .-Name:...
was again never considered. - On March 4, 1849 President-elect Zachary TaylorZachary TaylorZachary Taylor was the 12th President of the United States and an American military leader. Initially uninterested in politics, Taylor nonetheless ran as a Whig in the 1848 presidential election, defeating Lewis Cass...
was to be inaugurated, but he refused because it was a Sunday and he wished not to break the Sabbath. Because of this, some have argued that neither Taylor nor his Vice President Millard FillmoreMillard FillmoreMillard Fillmore was the 13th President of the United States and the last member of the Whig Party to hold the office of president...
had any legal authority as President. They go on to argue that, because the previous President's term had expired at noon, President pro tempore of the Senate David Rice AtchisonDavid Rice AtchisonDavid Rice Atchison was a mid-19th century Democratic United States Senator from Missouri. He served as President pro tempore of the United States Senate for six years...
was Acting President for the day. Historians and Constitutional scholars heavily dispute both claims. - During the 1868 impeachment trialImpeachment of Andrew JohnsonThe Impeachment of Andrew Johnson, 17th President of the United States, was one of the most dramatic events in the political life of the United States during Reconstruction, and the first impeachment in history of a sitting United States president....
of President Andrew JohnsonAndrew JohnsonAndrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
. Though he was ultimately acquitted, some argue he should not have been permitted to exercise his constitutional authorities during the trial. With the Vice Presidency vacant during the trial, the person next in line was Senate President pro temporePresident pro tempore of the United States SenateThe President pro tempore is the second-highest-ranking official of the United States Senate. The United States Constitution states that the Vice President of the United States is the President of the Senate and the highest-ranking official of the Senate despite not being a member of the body...
Benjamin Franklin WadeBenjamin WadeBenjamin Franklin "Bluff" Wade was a U.S. lawyer and United States Senator. In the Senate, he was associated with the Radical Republicans of that time.-Early life:...
. Because Wade was one of those who sat in judgment of Johnson, a declaration of disability could have been seen as akin to an outright coup d'étatCoup d'étatA coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
by CongressUnited States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, and consequently was never considered. - During the summer of 1881, after the July 2 shooting of President James A. Garfield by Charles J. GuiteauCharles J. GuiteauCharles Julius Guiteau was an American lawyer who assassinated U.S. President James A. Garfield. He was executed by hanging.- Background :...
. Though Garfield lived 80 days after the shooting, he spent most of this time heavily sedated and was incapable of discharging presidential duties. Despite a widespread belief that Vice President Chester A. ArthurChester A. ArthurChester Alan Arthur was the 21st President of the United States . Becoming President after the assassination of President James A. Garfield, Arthur struggled to overcome suspicions of his beginnings as a politician from the New York City Republican machine, succeeding at that task by embracing...
was a puppet of the Stalwart factions of the Republican PartyRepublican Party (United States)The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, and particularly New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
Senator Roscoe ConklingRoscoe ConklingRoscoe Conkling was a politician from New York who served both as a member of the United States House of Representatives and the United States Senate. He was the leader of the Stalwart faction of the Republican Party and the last person to refuse a U.S. Supreme Court appointment after he had...
, Garfield's cabinet at least informally discussed scenarios under which Arthur could act as President. Again, however, there being no apparatus in place and no precedent, nothing came of it. - In 1884–1885, when Garfield's successor, Chester A. ArthurChester A. ArthurChester Alan Arthur was the 21st President of the United States . Becoming President after the assassination of President James A. Garfield, Arthur struggled to overcome suspicions of his beginnings as a politician from the New York City Republican machine, succeeding at that task by embracing...
, was suffering the effects of the Bright's diseaseBright's diseaseBright's disease is a historical classification of kidney diseases that would be described in modern medicine as acute or chronic nephritis. The term is no longer used, as diseases are now classified according to their more fully understood causes....
that would take his life less than two years after he left office. As had been the case with Andrew JohnsonAndrew JohnsonAndrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
before him, there was no Vice President in place to succeed, and no procedure for allowing anyone to act as President if Arthur had become totally disabled. - On June 13 and July 17, 1893, respectively, when President Grover ClevelandGrover ClevelandStephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
underwent two operations to remove and repair damage from a cancerCancerCancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
ous tumor from his upper jaw. The operation was kept secret until 1918, well after Cleveland's death; and any plans related to his potential long-term disability, if there were any, were not documented. - During September 1901, after Leon CzolgoszLeon CzolgoszLeon Czolgosz was the assassin of U.S. President William McKinley.In the last few years of his life, he claimed to have been heavily influenced by anarchists such as Emma Goldman and Alexander Berkman.- Early life :...
's shooting, on the 6th, in BuffaloBuffalo, New YorkBuffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
, New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, of President William McKinleyWilliam McKinleyWilliam McKinley, Jr. was the 25th President of the United States . He is best known for winning fiercely fought elections, while supporting the gold standard and high tariffs; he succeeded in forging a Republican coalition that for the most part dominated national politics until the 1930s...
, Vice President Theodore RooseveltTheodore RooseveltTheodore "Teddy" Roosevelt was the 26th President of the United States . He is noted for his exuberant personality, range of interests and achievements, and his leadership of the Progressive Movement, as well as his "cowboy" persona and robust masculinity...
was summoned to Buffalo, but no action was taken to permit him to discharge McKinley's duties during his final days. - During May 1909, when President William Howard TaftWilliam Howard TaftWilliam Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
simultaneously had influenzaInfluenzaInfluenza, commonly referred to as the flu, is an infectious disease caused by RNA viruses of the family Orthomyxoviridae , that affects birds and mammals...
and suffered a family tragedy (his wife had suffered a strokeStrokeA stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
). It would have been widely considered acceptable for a President to transfer power temporarily because of grief caused by an illness not his own. - President Woodrow WilsonWoodrow WilsonThomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
suffered a slight stroke on September 25, 1919. On October 2, he had a massive stroke, which left him partly paralyzed and completely incapacitated. Rather than transfer Presidential authority to Vice President Thomas R. MarshallThomas R. MarshallThomas Riley Marshall was an American Democratic politician who served as the 28th Vice President of the United States under Woodrow Wilson...
, Wilson's condition was hidden (to the extent that he was physically isolated) from the Vice President, the CabinetCabinet (government)A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
, Congress, and the public for most of the remainder of his second term. Many believe that First Lady Edith Bolling Galt Wilson was the de facto President, because she controlled access to Wilson and spoke on his behalf. - From late 1943 until President Franklin D. RooseveltFranklin D. RooseveltFranklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
's death on April 12, 1945. Roosevelt reportedly suffered from various life-threatening ailments, including malignant melanomaMelanomaMelanoma is a malignant tumor of melanocytes. Melanocytes are cells that produce the dark pigment, melanin, which is responsible for the color of skin. They predominantly occur in skin, but are also found in other parts of the body, including the bowel and the eye...
, hypertensive cardiomyopathyCardiomyopathyCardiomyopathy, which literally means "heart muscle disease," is the deterioration of the function of the myocardium for any reason. People with cardiomyopathy are often at risk of arrhythmia or sudden cardiac death or both. Cardiomyopathy can often go undetected, making it especially dangerous to...
, severe high blood pressureHypertensionHypertension or high blood pressure is a cardiac chronic medical condition in which the systemic arterial blood pressure is elevated. What that means is that the heart is having to work harder than it should to pump the blood around the body. Blood pressure involves two measurements, systolic and...
, congestive heart failure, and strokeStrokeA stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
-related symptoms (to which he eventually succumbed). Henry A. WallaceHenry A. WallaceHenry Agard Wallace was the 33rd Vice President of the United States , the Secretary of Agriculture , and the Secretary of Commerce . In the 1948 presidential election, Wallace was the nominee of the Progressive Party.-Early life:Henry A...
, his Vice President for most of this period, was largely regarded by many governmental and DemocraticDemocratic Party (United States)The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
insiders as too close to the Soviet UnionSoviet UnionThe Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
and potentially a CommunistCommunismCommunism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
sympathizer, so that moving him in to any sort of Acting Presidency or co-Presidency was never seriously considered. Also, it was considered necessary for national securityNational securityNational security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
during World War IIWorld War IIWorld War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
not to show weakness to America's enemies. When Harry S. TrumanHarry S. TrumanHarry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
became Vice President in January 1945, he also was kept unaware of Roosevelt's condition. - During the mid-point of Dwight D. EisenhowerDwight D. EisenhowerDwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
's presidency, there were three instances in which the President was disabled. The first occurred in September 1955, when Eisenhower suffered a heart attackMyocardial infarctionMyocardial infarction or acute myocardial infarction , commonly known as a heart attack, results from the interruption of blood supply to a part of the heart, causing heart cells to die...
while on vacation. On June 8, 1956, he was hospitalized for a bowel obstruction that ultimately required surgerySurgerySurgery is an ancient medical specialty that uses operative manual and instrumental techniques on a patient to investigate and/or treat a pathological condition such as disease or injury, or to help improve bodily function or appearance.An act of performing surgery may be called a surgical...
and incapacitated him for six days. On November 25, 1957, Eisenhower suffered a mild stroke, which caused him to be hospitalized for three days. In each case, Vice President Richard NixonRichard NixonRichard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
did carry out some of Eisenhower's informal presidential responsibilities, but full presidential authority (such as signing bills into law, for example) remained solely with Eisenhower. - In 1965, President Lyndon B. JohnsonLyndon B. JohnsonLyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
had a gallbladder operation. During the surgery and recovery, there was no move to have Vice President Hubert HumphreyHubert HumphreyHubert Horatio Humphrey, Jr. , served under President Lyndon B. Johnson as the 38th Vice President of the United States. Humphrey twice served as a United States Senator from Minnesota, and served as Democratic Majority Whip. He was a founder of the Minnesota Democratic-Farmer-Labor Party and...
assume presidential powers and duties.
25th Amendment
The 25th AmendmentTwenty-fifth Amendment to the United States Constitution
The Twenty-fifth Amendment to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities...
, ratified in 1967, clears up many of the issues which surrounded presidential succession and incapacity. Section 1 made it clear that in the event of a vacancy in the office of President, the Vice President succeeds to the office, while Section 2 established a procedure for filling Vice Presidential vacancies.
Pertinent text of the Amendment
Self-declared incapacity
Section 3 of the amendment set forth a procedure whereby a President who believes he will be temporarily unable to perform the duties of his office may declare himself "unable to discharge the powers and duties of his office."Upon this declaration, which is transmitted in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate, the Vice President becomes Acting President. The Vice President continues to act as President until the President declares, by another letter to the leaders of each house of Congress, that he is once again able to discharge the powers and duties of the presidency.
Incapacity declared by Vice President and Cabinet
Section 4 of the amendment sets forth a second procedure establishing presidential incapacity. This second method allows the Vice President, together with a majority of the members of the President's cabinet ("the principal officers of the executive departments"), to declare the President disabled.The not-self-declared incapacity provision established by section 4 of the 25th Amendment requires action by "the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide"; thefore, the text of the 25th Amendment allows Congress to transfer, by law, the role of the President's Cabinet to another body. In that case, instead of actions taken by the Vice President and a majority of the Cabinet, the procedures under section 4 of the 25 Amendment would require action by the Vice President together with a majority of the other body provided by law. However, Congress has never opted to pass a statute transferring to another body the role of the "principal officers of the executive departments" in determining presidential incapacity, and therefore that role is vested in the President's Cabinet.
Upon this the declaration signed by the Vice-President and a majority of the members of the Cabinet, which is transmitted in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate, the Vice President immediately becomes Acting President.
If the President submits a letter to the leaders of Congress stating that he is able to discharge the powers and duties of the presidency and four days elapse without further action on the part of the Vice-President and a majority of the Cabinet, then the Vice President's service as Acting President is terminated. Thus, unlike the procedure under section 3 of the 25th Amendment, a declaration by the incapacitated President to the effect that he is able to resume the powers and duties of his office does not have immediate effect if the incapacity was declared under section four of the 25th amendment. The President only resumes his powers and duties if the Vice President and a majority of the Cabinet do not recertify the President's incapacity within the constitutionally prescribed four day period. If the Vice President and a majority of the Cabinet recertify that declaration to the leaders of Congress, the Vice President remains in his role as Acting President and Congress is constitutionally obligated to consider (or to assemble within 48 hours and consider, if not already in session) the issue. The Congress has a maximum of 21 days after receipt of the Vice President and Cabinet's most recent letter to decide if the President is indeed not able to discharge the powers and duties of his office. If Congress does not, by two-thirds vote of each house, determine, within the constitutionally mandated 21 day period, that the President is indeed unable to discharge the powers and duties his office, then those duties automatically return to the President and the Vice President's service as Acting President ends.
Ostensibly to be used in the event of a President's complete mental or physical disability, this method of transferring presidential power has never been used. In cases such as the 1981 assassination attempt
Reagan assassination attempt
The Reagan assassination attempt occurred on Monday, March 30, 1981, just 69 days into the presidency of Ronald Reagan. While leaving a speaking engagement at the Washington Hilton Hotel in Washington, D.C., President Reagan and three others were shot and wounded by John Hinckley, Jr...
on President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
however, this method of designating an Acting President could have been justified, in consideration of the fact that Reagan was literally unable to give any orders in the immediate aftermath of the shooting.
Preliminary drafts
In preliminary drafts of what ultimately became the 25th AmendmentTwenty-fifth Amendment to the United States Constitution
The Twenty-fifth Amendment to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities...
, the line of presidential succession
United States presidential line of succession
The United States presidential line of succession defines who may become or act as President of the United States upon the incapacity, death, resignation, or removal from office of a sitting president or a president-elect.- Current order :This is a list of the current presidential line of...
was spelled out in great detail, including the Speaker of the House of Representatives
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
, the President pro tempore of the Senate
President pro tempore of the United States Senate
The President pro tempore is the second-highest-ranking official of the United States Senate. The United States Constitution states that the Vice President of the United States is the President of the Senate and the highest-ranking official of the Senate despite not being a member of the body...
, and the existing cabinet officers.
Realizing that committing such a list to the constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
could cause issues later should amending the line of succession be desirable, however, led Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to deliver an amendment which did not constitutionally place these officers in the succession line.
Action by others as President under the Presidential Succession Act
CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, acting under the powers conferred upon it by Article II, Section 1 of the United States Constitution, and by Section 3 of the 20th Amendment
Twentieth Amendment to the United States Constitution
The Twentieth Amendment to the United States Constitution establishes the beginning and ending of the terms of the elected federal offices. It also deals with scenarios in which there is no President-elect...
, has provided for cases where neither a President nor Vice President is able to discharge the powers and duties of the office of President via the Presidential Succession Act
Presidential Succession Act
The Presidential Succession Act establishes the line of succession to the powers and duties of the office of President of the United States in the event that neither a President nor Vice President is able to "discharge the powers and duties of the office." The current Presidential Succession Act...
(officially styled "An Act to provide for the performance of the duties of the office of President in case of the removal, resignation, death, or inability both of the President and Vice President").
The constitutional delegation of authority that enabled Congress to enact the Presidential Succession Act is twofold: the authority of Congress to regulate cases when neither a President-elect, nor a Vice President-elect have qualified, determining who shall act as President in that specific situation stems from section 3 of the 20th Amendment. On the other hand, the power of the Legislature to determine who shall act as President in the cases of removal, resignation, death, or inability both of the President and Vice President is provided for in article Article II, section 1, clause 6, of the Constitution. Congress has chosen to regulate both situations by the same statute, and the Presidential Succession Act it passed in 1947 deals with both cases.
The Presidential Succession Act of 1947 is not the first statute to have been enacted by Congress under the above mentioned constitutional provisions. Before the enactment of the current statute previous Acts of Congress (the Presidential Succession Acts of 1792 and 1886) dealt with the hypothesis of there being neither a President nor a Vice President able to discharge the powers of the presidency.
Apart from the circumstances regulated by sections 3 and 4 of the 25th Amendment, the provisions of the Presidential Succession Act of 1947 regulate the only other scenarios in which the office of Acting President would come into existence.
While none of these officers would succeed to the presidency as would a Vice President, the provisions of the Presidential Succession Act of 1947, now codified in Title 3, Chapter 1, Section 19 of the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
, create a line of succession
United States presidential line of succession
The United States presidential line of succession defines who may become or act as President of the United States upon the incapacity, death, resignation, or removal from office of a sitting president or a president-elect.- Current order :This is a list of the current presidential line of...
that allows the Speaker of the House, the President pro tempore of the Senate, and Cabinet officers, to serve as Acting President in the case of removal, resignation, death or inability of both the President and Vice President, and also in the case of failure to qualify of both a President-elect and a Vice President-elect. The following is the currently established line of succession after the President and the Vice President:
- Speaker of the House of RepresentativesSpeaker of the United States House of RepresentativesThe Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
- President pro tempore of the SenatePresident pro tempore of the United States SenateThe President pro tempore is the second-highest-ranking official of the United States Senate. The United States Constitution states that the Vice President of the United States is the President of the Senate and the highest-ranking official of the Senate despite not being a member of the body...
- Secretary of StateUnited States Secretary of StateThe United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
- Secretary of the TreasuryUnited States Secretary of the TreasuryThe Secretary of the Treasury of the United States is the head of the United States Department of the Treasury, which is concerned with financial and monetary matters, and, until 2003, also with some issues of national security and defense. This position in the Federal Government of the United...
- Secretary of DefenseUnited States Secretary of DefenseThe Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
- Attorney GeneralUnited States Attorney GeneralThe United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
- Secretary of the InteriorUnited States Secretary of the InteriorThe United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
- Secretary of AgricultureUnited States Secretary of AgricultureThe United States Secretary of Agriculture is the head of the United States Department of Agriculture. The current secretary is Tom Vilsack, who was confirmed by the U.S. Senate on 20 January 2009. The position carries similar responsibilities to those of agriculture ministers in other...
- Secretary of CommerceUnited States Secretary of CommerceThe United States Secretary of Commerce is the head of the United States Department of Commerce concerned with business and industry; the Department states its mission to be "to foster, promote, and develop the foreign and domestic commerce"...
- Secretary of LaborUnited States Secretary of LaborThe United States Secretary of Labor is the head of the Department of Labor who exercises control over the department and enforces and suggests laws involving unions, the workplace, and all other issues involving any form of business-person controversies....
- Secretary of Health and Human ServicesUnited States Secretary of Health and Human ServicesThe United States Secretary of Health and Human Services is the head of the United States Department of Health and Human Services, concerned with health matters. The Secretary is a member of the President's Cabinet...
- Secretary of Housing and Urban DevelopmentUnited States Secretary of Housing and Urban DevelopmentThe United States Secretary of Housing and Urban Development is the head of the United States Department of Housing and Urban Development, a member of the President's Cabinet, and thirteenth in the Presidential line of succession. The post was created with the formation of the Department of Housing...
- Secretary of TransportationUnited States Secretary of TransportationThe United States Secretary of Transportation is the head of the United States Department of Transportation, a member of the President's Cabinet, and fourteenth in the Presidential line of succession. The post was created with the formation of the Department of Transportation on October 15, 1966,...
- Secretary of EnergyUnited States Secretary of EnergyThe United States Secretary of Energy is the head of the United States Department of Energy, a member of the President's Cabinet, and fifteenth in the presidential line of succession. The position was formed on October 1, 1977 with the creation of the Department of Energy when President Jimmy...
- Secretary of EducationUnited States Secretary of EducationThe United States Secretary of Education is the head of the Department of Education. The Secretary is a member of the President's Cabinet, and 16th in line of United States presidential line of succession...
- Secretary of Veterans AffairsUnited States Secretary of Veterans AffairsThe United States Secretary of Veterans' Affairs is the head of the United States Department of Veterans Affairs, the department concerned with veterans' benefits and related matters...
- Secretary of Homeland SecurityUnited States Secretary of Homeland SecurityThe United States Secretary of Homeland Security is the head of the United States Department of Homeland Security, the body concerned with protecting the American homeland and the safety of American citizens. The Secretary is a member of the President's Cabinet. The position was created by the...
The fact that section 2 of the 25th Amendment allows a President to nominate a new Vice President whenever a vacancy occurs in that office, while not directly impacting the Presidential Succession Act, has greatly diminished the potential for its coming into operation. Indeed, since the office of Vice President, once vacant, no longer remains vacant until the end of the presidential term, but is now filled by presidential nomination confirmed by Congress, the likelihood of there ever being a time when there is simultaneously neither a President nor a Vice President able to discharge the powers and duties of the presidency has greatly decreased.
no one other than a Vice President
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
has acted as President.
Powers, duties, status, and protocol
Under both the 25th AmendmentTwenty-fifth Amendment to the United States Constitution
The Twenty-fifth Amendment to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities...
and the Presidential Succession Act
Presidential Succession Act
The Presidential Succession Act establishes the line of succession to the powers and duties of the office of President of the United States in the event that neither a President nor Vice President is able to "discharge the powers and duties of the office." The current Presidential Succession Act...
, an Acting President has identical constitutional "powers and duties" as the President, being able to sign bills into law, petition Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
for a declaration of war, and perform other tasks, but does not hold the office of President itself. The incapacitated President remains the sole holder of the presidential office, although the powers and duties of the presidency are transferred to the Acting President. The President who is unable to exercise the powers and duties of the office remains the President of the United States during the period when there is an Acting President; in other words, the incapacitated President does not become an ordinary citizen. The President is deprived of the powers and duties of the office, but not of presidential status. Similarly, while the Vice President is discharging the powers and duties of the presidency pursuant to sections 3 or 4 of the 25th Amendment, he still holds the office of Vice President. He would be both Vice President and Acting President simultaneously.
Oath of Office
The presidential oath is not taken by the Vice President upon the 25th Amendment's incapacity provision being invoked. As stated above, Acting President is not the same as President. The former merely exercises the powers and duties of the President, without actually holding the office of President.While the Constitution requires the President to take this oath upon entering into the office, the 25th Amendment states that, upon it being invoked "the Vice President shall immediately assume the powers and duties of the office as Acting President." Thus, the Vice President becomes Acting President as soon as the Speaker of the House of Representatives and the President pro tempore of the Senate receive the written declaration issued under either section 3 or section 4 of the 25th Amendment, no oath being required.
Precedent confirms that, since, in the three occasions when the 25th Amendment was invoked, there is no record of the Vice President having taken the oath. In the case of the Amendment's second invocation by President George W. Bush in 2002, a detailed account of the procedure was subsequently given by the White House Press Secretary, and no mention whatsoever was made of the oath being taken by the Vice President. Instead, it is recorded that Vice President Cheney was informed by telephone that he was now Acting President as soon as the invocation letters signed by the President were transmitted to the Speaker of the House and the President pro tempore of the Senate. Likewise, there is no historical record of Vice President George H. W. Bush taking the oath when he filled in for President Ronald Reagan during the latter's prostate surgery nor of Cheney taking the oath the second time he assumed George W. Bush's presidential duties.
It should be noted, however, that the Presidential Succession Act of 1947 (that applies only when there is neither a President nor a Vice President able to discharge the powers and duties of the office) makes reference to the oath, albeit in an indirect manner. It states that the Speaker of the House of Representatives, the President pro tempore of the Senate, and the mentioned members of the Cabinet, upon being called to act as President, shall resign their offices of origin, and, in the section referring to members of the Cabinet acting as President, it states that the taking of the oath of office by one person so called to act as President shall be held to constitute the said person's resignation from the Cabinet office by virtue of the holding of which he qualifies to act as President. However, the Act stops short of explicitly requiring the presidential oath to be taken. In any event, the Presidential Succession Act does not apply when the Vice President is the one in place to act as President.
Term of Service
An Acting President serves until:- The President transmits "his written declaration" to the Speaker of the House of RepresentativesSpeaker of the United States House of RepresentativesThe Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
and the President pro tempore of the SenatePresident pro tempore of the United States SenateThe President pro tempore is the second-highest-ranking official of the United States Senate. The United States Constitution states that the Vice President of the United States is the President of the Senate and the highest-ranking official of the Senate despite not being a member of the body...
, declaring that his period of incapacity has ended, if the incapacity was declared under section 3 of the 25th Amendment (self declared incapacity); or, - when the President transmits his written declaration to the Speaker of the House of Representatives and the President pro tempore of the Senate declaring that he is able to resume the powers and duties of his office and four days elapse without the Vice President and a majority of the Cabinet restating their declaration that the President is unable to discharge the powers and duties of his office, if the incapacity was declared under section 4 of the 25th Amendment (action by Vice President and a majority of the Cabinet).
- twenty one days elapse after the receipt, under section 4 of the 25th Amendment, of the declaration of the Vice President and Cabinet, declaring, within four days of the President having declared that he was able to resume the powers and duties of his office, that they still believe that the President is unable to discharge those powers and duties, but only if Congress does not, within that period of twenty one days, determine, by a two thirds vote in both Houses, that the President is indeed incapable of exercising his powers and duties.
- The death, resignation (it is not clear, however, if an incapacitated President would still be able to resign the office after his incapacity had been declared) or removal of the President. In this case a Vice President acting as President would succeed to the office. Any other officer acting as President, however, would (per the terms of the Presidential Succession Act of 1947) serve out the remainder of the Presidential term as Acting President, instead of becoming President.
- A President-elect or Vice President elect qualifying to hold the office, in a case in which the Presidential Succession Act has entered into operation due to the failure of both a President-elect and a Vice President-elect to qualify.
- A person mentioned in subsections (a) or (b) of (the codification of the Presidential Succession Act of 1947) -- that is, the Speaker of the U.S. House of Representatives or President pro tempore of the U.S. Senate—becoming able to act as President, when those powers and duties are being exercised by a member of the Cabinet under subsection (d) in virtue of there being no Speaker or President pro tempore able to act upon the entry into operation of the provisions of the statute. In this case, however, an Acting President would be merely replaced by another Acting President, placed higher in the order of Succession.
- At the expiration of the term for which the elected President was chosen, whereupon the President-elect would take office.
History of Acting Presidents
The only occasions when the office of Acting President came into existence were instances of invocations of the 25th Amendment, specifically of its section 3.Neither Section 4 of the 25th Amendment, nor the Presidential Succession Act of 1947 and its predecessor acts have ever come into operation.
Invocations of 25th Amendment
- On July 13, 1985, President Ronald ReaganRonald ReaganRonald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
underwent surgery to remove cancerous polyps from his colon. Prior to undergoing surgery, he transmitted a letter to Speaker of the House of RepresentativesSpeaker of the United States House of RepresentativesThe Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
Tip O'NeillTip O'NeillThomas Phillip "Tip" O'Neill, Jr. was an American politician. O'Neill was an outspoken liberal Democrat and influential member of the U.S. Congress, serving in the House of Representatives for 34 years and representing two congressional districts in Massachusetts...
and President pro tempore of the Senate Strom ThurmondStrom ThurmondJames Strom Thurmond was an American politician who served as a United States Senator. He also ran for the Presidency of the United States in 1948 as the segregationist States Rights Democratic Party candidate, receiving 2.4% of the popular vote and 39 electoral votes...
declaring his incapacity. Vice President George H. W. BushGeorge H. W. BushGeorge Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
then acted as President from 11:28 until 19:22, when Reagan transmitted a second letter resuming the powers and duties of the office. - On June 29, 2002, President George W. BushGeorge W. BushGeorge Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
declared himself temporarily unable to discharge the powers and duties of the office prior to undergoing a colonoscopyColonoscopyColonoscopy is the endoscopic examination of the large bowel and the distal part of the small bowel with a CCD camera or a fiber optic camera on a flexible tube passed through the anus. It may provide a visual diagnosis and grants the opportunity for biopsy or removal of suspected...
which required sedation. He invoked the 25th Amendment in letters (full text) given to White House Counsel Alberto GonzalesAlberto GonzalesAlberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
, who transmitted them by fax to Speaker of the House of Representatives Dennis HastertDennis HastertJohn Dennis "Denny" Hastert was the 59th Speaker of the House serving from 1999 to 2007. He represented as a Republican for twenty years, 1987 to 2007.He is the longest-serving Republican Speaker in history...
and President pro tempore of the Senate Robert ByrdRobert ByrdRobert Carlyle Byrd was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010...
. Gonzales called Hastert's and Byrd's offices to confirm receipt of the letters, and then contacted Vice President Dick CheneyDick CheneyRichard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....
to advise him of the transfer. Cheney acted as President for a little over two hours that day (from 07:09 to 09:24), whereupon Bush transmitted a second letter resuming the powers and duties of the office. Just nine months after the September 11, 2001 terrorist attacks, and with U.S. troops at warWar in Afghanistan (2001–present)The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
in AfghanistanAfghanistanAfghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, President Bush was intent on ensuring that in the event of a crisis there would be no question of Cheney's authority. When asked by the press about the decision to transfer power, President Bush replied "I did so because we're at war and I just want to be super — you know, super cautious." Although the public was aware that the temporary handover would take place, for security purposes the time that it actually occurred was not revealed until after Bush resumed his duties as President. - On July 21, 2007, under the same circumstances as the 2002 invocation, President George W. BushGeorge W. BushGeorge Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
transmitted a letter to President pro tempore of the Senate Robert Byrd and Speaker of the House of Representatives Nancy PelosiNancy PelosiNancy Patricia D'Alesandro Pelosi is the Minority Leader of the United States House of Representatives and served as the 60th Speaker of the United States House of Representatives from 2007 to 2011...
declaring himself temporarily unable to discharge the powers and duties of the office prior to undergoing a colonoscopyColonoscopyColonoscopy is the endoscopic examination of the large bowel and the distal part of the small bowel with a CCD camera or a fiber optic camera on a flexible tube passed through the anus. It may provide a visual diagnosis and grants the opportunity for biopsy or removal of suspected...
which required sedation (text of letters to Congress). Vice President CheneyDick CheneyRichard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....
acted as President from 07:16 to 09:21 that day, becoming the first Vice President to serve as Acting President more than once. The Weekly StandardThe Weekly StandardThe Weekly Standard is an American neoconservative opinion magazine published 48 times per year. Its founding publisher, News Corporation, debuted the title September 18, 1995. Currently edited by founder William Kristol and Fred Barnes, the Standard has been described as a "redoubt of...
excerpted a letter Cheney sent to his grandchildren while serving as acting president (text of letter), which was lampooned by Ana Marie CoxAna Marie CoxAna Marie Cox is an American author and blogger. The founding editor of the political blog Wonkette, she is currently the Washington correspondent for GQ and is The Guardian's lead blogger on US politics. She previously worked at Air America Media.-Early life:Cox was born in San Juan, Puerto Rico...
for Time MagazineTime (magazine)Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
and on The Daily ShowThe Daily ShowThe Daily Show , is an American late night satirical television program airing each Monday through Thursday on Comedy Central. The half-hour long show premiered on July 21, 1996, and was hosted by Craig Kilborn until December 1998...
. , this is the only written document known to have been signed by a serving Acting President of the United States.
Confusion regarding Reagan invocation
Because of the wording of the letter signed by President Reagan to declare his temporary inability, in which he expressed doubts about whether his situation would fall within the scope of the 25th Amendment, some argue that the invocation of the amendment by him was invalid, and that no formal transfer of power took place. The following facts make it unquestioned that it had, in fact, occurred:- His precise following of the provisions of Section 3 of the 25th AmendmentTwenty-fifth Amendment to the United States ConstitutionThe Twenty-fifth Amendment to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities...
, issuing written declarations to the President pro tempore of the Senate and to the Speaker of the House, declaring his temporary inability to discharge the office, and subsequent declaration that his disability had been removed. - His post-presidential writings on the subject clearly stated that it was his intent to invoke the amendment.
- His chief counsel on the matter, Fred F. FieldingFred F. FieldingFred Fisher Fielding is an American lawyer, and held the office of White House Counsel for US Presidents Ronald Reagan and George W. Bush.-Personal life:Fielding was born in Philadelphia and raised in Mechanicsville, Pennsylvania...
, has been quoted as saying, "I personally know he (Reagan) did intend to invoke the amendment, and he conveyed that to all of his staff, and it was conveyed to the VP as well as the President of the Senate. He was also very firm in his wish not to create a precedent binding his successor."
So, while Reagan didn't wish for his particular situation to establish a precedent binding future Presidents to turn over their authority every time they underwent surgery, his intent to transfer executive authority in that instance was clear.
Furthermore, the 25th Amendment does not require that the written declaration contain express words invoking the amendment itself. It simply requires a written statement that the President is unable to discharge his powers and duties. The 1985 Reagan invocation letter was clear in stating that he would be so incapable.
Other potential invocation situations
While Section 4 of the amendment has never been utilized, there exists one instance where it may have been appropriate.- On March 30, 1981, perhaps the most perfectly suited situation for the invocation of the 'Acting President' provision occurred when President Ronald ReaganRonald ReaganRonald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
was shot and wounded in an assassination attemptReagan assassination attemptThe Reagan assassination attempt occurred on Monday, March 30, 1981, just 69 days into the presidency of Ronald Reagan. While leaving a speaking engagement at the Washington Hilton Hotel in Washington, D.C., President Reagan and three others were shot and wounded by John Hinckley, Jr...
by John Hinckley, Jr.John Hinckley, Jr.John Warnock Hinckley, Jr., attempted to assassinate U.S. President Ronald Reagan in Washington, D.C., on March 30, 1981, as the culmination of an effort to impress teen actress Jodie Foster. He was found not guilty by reason of insanity and has remained under institutional psychiatric care since...
Though Reagan was clearly seen by his staff, Cabinet members, and others as incapacitated, Vice President George H. W. BushGeorge H. W. BushGeorge Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
refused to join the Cabinet in invoking the 25th AmendmentTwenty-fifth Amendment to the United States ConstitutionThe Twenty-fifth Amendment to the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities...
, feeling it would be akin to a coup d'étatCoup d'étatA coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
. Reagan would eventually recover, but constitutional scholars such as Herbert AbramsHerbert AbramsHerbert E. Abrams was an American artist. He was one of the leading portrait artists of his era known for his style of traditional realism. His works included the official White House portraits of former presidents Jimmy Carter and George H.W. Bush. During his prolific career, he painted many...
have opined that the 25th Amendment should have been invoked in order to clarify the acting chain of command.
See also
- Fiction regarding United States presidential successionFiction regarding United States presidential successionThe somewhat elaborate rules and laws governing succession to the Presidency have long provided fodder for creators of fiction. Several novels, films, and television series have speculated regarding the United States presidential line of succession and in what ways it would be implemented in...
- National Command AuthorityNational Command AuthorityNational Command Authority is a term used by the Department of Defense of the United States of America to refer to the ultimate lawful source of military orders. The NCA comprises the President of the United States and the Secretary of Defense jointly, or their duly deputized successors, i.e...