Presidential Succession: An Overview with Analysis of Legislation Proposed in the 109th Congress

One of 536 items in the series: 109th Congress available on this site.

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Whenever the office of President of the United States becomes vacant due to “removal ... death or resignation” of the chief executive, the Constitution provides that “the Vice President shall become President.” When the office of Vice President becomes vacant for any reason, the President nominates a successor, who must be confirmed by a majority vote of both houses of Congress. If both of these offices are vacant simultaneously, then, under the Succession Act of 1947, the Speaker of the House of Representatives becomes President, after resigning from the House and as Speaker. If the speakership is also vacant, then … continued below

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26 p.

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Neale, Thomas H. June 29, 2005.

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This report is part of the collection entitled: Congressional Research Service Reports and was provided by the UNT Libraries Government Documents Department to the UNT Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 244 times. More information about this report can be viewed below.

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  • Main Title: Presidential Succession: An Overview with Analysis of Legislation Proposed in the 109th Congress
  • Series Title: 109th Congress

Description

Whenever the office of President of the United States becomes vacant due to
“removal ... death or resignation” of the chief executive, the Constitution provides
that “the Vice President shall become President.” When the office of Vice President
becomes vacant for any reason, the President nominates a successor, who must be
confirmed by a majority vote of both houses of Congress. If both of these offices are
vacant simultaneously, then, under the Succession Act of 1947, the Speaker of the
House of Representatives becomes President, after resigning from the House and as
Speaker. If the speakership is also vacant, then the President Pro Tempore of the
Senate becomes President, after resigning from the Senate and as President Pro
Tempore. If both of these offices are vacant, or if the incumbents fail to qualify for
any reason, then cabinet officers are eligible to succeed, in the order established by
law (3 U.S.C. §19, see Table 3). In every case, a potential successor must be duly
sworn in his or her previous office, and must meet other constitutional requirements
for the presidency, i.e., be at least 35 years of age, a “natural born citizen,” and for
14 years, a “resident within the United States.”

Physical Description

26 p.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.

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  • June 29, 2005

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Added to The UNT Digital Library

  • Sept. 27, 2005, 2:19 p.m.

Description Last Updated

  • July 28, 2020, 3:55 p.m.

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Neale, Thomas H. Presidential Succession: An Overview with Analysis of Legislation Proposed in the 109th Congress, report, June 29, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs7295/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.

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