Constitution of the United States/Art. II/Sec. 1/Clause 6 Succession

Constitutional Law Treatise Table of Contents

Constitutional Law Outline

Introduction

The Preamble

Article I Legislative Branch

Art. I, Section 1 Legislative Vesting Clause

Art. I, Section 2 House of Representatives

Art. I, Section 3 Senate

Art. I, Section 4 Congress

Art. I, Section 5 Proceedings

Art. I, Section 6 Rights and Disabilities

Art. I, Section 7 Legislation

Art. I, Section 8 Enumerated Powers

Art. I, Section 9 Powers Denied Congress

Art. I, Section 10 Powers Denied States

Article II Executive Branch

Art. II, Section 1 Function and Selection

Art. II, Section 2 Powers

Art. II, Section 3 Duties

Art. II, Section 4 Impeachment

Article III Judicial Branch

Art. III, Section 1 Vesting Clause

Art. III, Section 2 Justiciability

Art. III, Section 3 Treason

Article IV Relationships Between the States

Art. IV, Section 1 Full Faith and Credit Clause

Art. IV, Section 2 Interstate Comity

Art. IV, Section 3 New States and Federal Property

Art. IV, Section 4 Republican Form of Government

Article V Amending the Constitution

Article VI Supreme Law

Article VII Ratification

First Amendment: Fundamental Freedoms

Religion

Establishment Clause

Free Exercise Clause

Free Speech Clause

Freedom of Association

Second Amendment: Right to Bear Arms

Third Amendment: Quartering Soldiers

Fourth Amendment: Searches and Seizures

Fifth Amendment: Rights of Persons

Sixth Amendment: Rights in Criminal Prosecutions

Seventh Amendment: Civil Trial Rights

Eighth Amendment: Cruel and Unusual Punishment

Ninth Amendment: Unenumerated Rights

Tenth Amendment: Rights Reserved to the States and the People

Eleventh Amendment: Suits Against States

Twelfth Amendment: Election of President

Thirteenth Amendment: Abolition of Slavery

Thirteenth Amend., Section 1 Prohibition on Slavery and Involuntary Servitude

Thirteenth Amend., Section 2 Enforcement

Fourteenth Amendment: Equal Protection and Other Rights

Fourteenth Amend., Section 1 Rights

Fourteenth Amend., Section 2 Apportionment of Representation

Fourteenth Amend., Section 3 Disqualification from Holding Office

Fourteenth Amend., Section 4 Public Debt

Fourteenth Amend., Section 5 Enforcement

Fifteenth Amendment: Right of Citizens to Vote

Fifteenth Amend., Section 1 Right to Vote

Fifteenth Amend., Section 2 Enforcement

Sixteenth Amendment: Income Tax

Seventeenth Amendment: Popular Election of Senators

Eighteenth Amendment: Prohibition of Liquor

Eighteenth Amend., Section 1 Prohibition

Eighteenth Amend., Section 2 Enforcement of Prohibition

Eighteenth Amend., Section 3 Ratification Deadline

Nineteenth Amendment: Women's Suffrage

Twentieth Amendment: Presidential Term and Succession

Twentieth Amend., Section 1 Terms

Twentieth Amend., Section 2 Meetings of Congress

Twentieth Amend., Section 3 Succession

Twentieth Amend., Section 4 Congress and Presidential Succession

Twentieth Amend., Section 5 Effective Date

Twentieth Amend., Section 6 Ratification

Twenty-First Amendment: Repeal of Prohibition

Twenty-First Amend., Section 1 Repeal of Eighteenth Amendment

Twenty-First Amend., Section 2 Importation, Transportation, and Sale of Liquor

Twenty-First Amend., Section 3 Ratification Deadline

Twenty-Second Amendment: Presidential Term Limits

Twenty-Second Amend., Section 1 Limit

Twenty-Second Amend., Section 2 Ratification Deadline

Twenty-Third Amendment: District of Columbia Electors

Twenty-Third Amend., Section 1 Electors

Twenty-Third Amend., Section 2 Enforcement

Twenty-Fourth Amendment: Abolition of Poll Tax

Twenty-Fourth Amend., Section 1 Poll Tax

Twenty-Fourth Amend., Section 2 Enforcement

Twenty-Fifth Amendment: Presidential Vacancy

Twenty-Fifth Amend., Section 1 Presidential Vacancy

Twenty-Fifth Amend., Section 2 Vice President Vacancy

Twenty-Fifth Amend., Section 3 Declaration by President

Twenty-Fifth Amend., Section 4 Declaration by Vice President and Others

Twenty-Sixth Amendment: Reduction of Voting Age

Twenty-Sixth Amend., Section 1 Eighteen Years of Age

Twenty-Sixth Amend., Section 2 Enforcement

Twenty-Seventh Amendment: Congressional Compensation

Article II Executive Branch

Section 1 Function and Selection

Clause 6 Succession

Succession Clause for the Presidency[edit | edit source]

The ratification of the Twenty-Fifth Amendment^[1] in 1967 superseded Article II, Section 1, Clause 6. Article II, Section 1, Clause 6 provides for the "Powers and Duties" of the President to "devolve" upon the Vice President if the President is no longer able "to discharge" them due to his removal from office, death, resignation, or inability.^[2] Although it was unclear in the republic's early years whether the Vice President became President or merely acted as President until a new presidential election was held, ratification of the Twenty-Fifth Amendment established incontrovertibly that the Vice President becomes President upon the President's removal from office, death, resignation, or inability to perform the powers and duties of the office.^[3] In addition, Article I, Section 1, Clause 6 authorizes Congress to establish the line of succession to the presidency if both the President and Vice President are unable to discharge the "Powers and Duties" of the Presidency.^[4]

Although the Twenty-Fifth Amendment was ratified in 1967, the succession of the Vice President to the office of President upon the President's death or resignation has been the practice of the Republic since its earliest days. On April 4, 1841, President William Henry Harrison became the first president to die in office.^[5] His Vice President John Tyler, after initial hesitation, took the position that he had become the President automatically rather than "the Vice-President, now exercising the office of President,"^[6] and thereby established a precedent which was subsequently followed until the Twenty-Fifth Amendment conclusively established that the Vice-President succeeds to the Presidency under the Constitution.^[7]

In 1792, the Second Congress used its authority under Article II, Section 1, Clause 6 to provide for the succession to the Presidency in the event neither the President nor Vice President were able to perform the duties and powers of the office. Under the Succession Act of 1792,^[8] the succession to the Presidency passed to the President Pro Tempore of the Senate and then to the Speaker of the House of Representatives. In 1886, Congress changed the presidential succession to the heads of the cabinet departments in the order in which the departments had been established.^[9] In 1947, Congress adopted the Presidential Succession Act,^[10] which provided for the Speaker of the House to "act as President"^[11] followed by the President Pro Tempore of the Senate, and then by the department heads in the order in which each department had been established.