what determines the presidential order of succession quizlet

A presidential candidate must win the majority of electoral votes to become president (magic # is 270). Start studying Order of Succession for Presidency. [3] Companion bills to include the secretary of homeland security (SHS) in the line of succession were introduced in the 108th Congress (in 2003) and again in the 109th (in 2005) by Senator Mike DeWine and Representative Tom Davis. The United States Presidential Succession Act is a federal statute establishing the presidential line of succession. A third, the secretary of transportation, was added the following year. This contextual reading is confirmed by Madison's notes from the Constitutional Convention, which reveal that the Convention's Committee of Style, which had no authority to make substantive changes, substituted "Officer" in the Succession Clause in place of "Officer of the United States", probably because the Committee considered the full phrase redundant. In 1965, two new Cabinet departments were created; this led to the creation of two positions behind the secretary of labor in the line of succession: the secretary of health, education, and welfare and the secretary of housing and urban development. Learn vocabulary, terms, and more with flashcards, games, and other study tools. An agreement between two or more countries. The agencies, administrations, and people that do the day-to-day work of the federal government. The president nominates judges in the federal judicial system, including Supreme Court justices. [28] During testimony in 2004 before the a U.S. House subcommittee, Akhil Reed Amar stated that this provision violates "the Succession Clause, which says that an officer named by Congress shall 'act as President ... until the Disability be removed, or a President shall be elected'".[44]. Allows president to deny any access to White House documents. the official record of government regulations. Forwarded to the House, the legislation engendered little debate, and was passed on July 10 by a vote of 365 to 11. Although any cabinet secretary could be selected, the person appointed has usually come from one of the newer departments low in the line of succession. Naming the Secretary of State was unacceptable to most Federalists, as they did not want the office's current occupant, Thomas Jefferson, the leader of the growing anti-administration opposition that would become the Democratic-Republican Party, placed so close to the presidency. [14], The current act is also controversial because it provides that an officer who is acting as president due to the disability or failure to qualify of an officer higher in the order of succession does so only until the other officer's disability or disqualification is removed. Limits a president to 2 terms or ten years. As a result, after a contentious debate, on February 15, 1792, the House struck out the president pro tempore and speaker and inserted the secretary of state in their place. The six secretaries of state who had become president were: Thomas Jefferson, James Madison, James Monroe, John Q. Adams, Martin Van Buren and James Buchanan. In a time of national crisis, the nation needs to know who its president is. Although none of these succession acts have ever been invoked, an invocation was a distinct possibility on several occasions. The president has the power to _____________ , which is the ability to fully forgive an individual's federal prison sentence. [36] Speaker of the House Dennis Hastert and several other congressional leaders went;[37] President pro tempore of the Senate Robert Byrd did not, choosing instead to be taken to his Capitol Hill home. [17], The Presidential Succession Act of 1886 (Full text ) substituted the Cabinet secretaries—listed in the order in which their department was created—for the President pro tempore and Speaker in the line of succession. If the office of the Vice Presidency become vacant, the President can appoint a new VP and Congress must approve. The president prepares the budget proposal. However, a new president pro tempore of the Senate was named on October 10, 1881, and a new speaker of the House of Representatives was named in December 1881. Referred to committee, no action was taken on these proposals. The Presidential Succession Act of 1792 (Full text ), sections 9 and 10 of a larger act regarding the election of the president and vice president, provided that the president pro tempore of the Senate would be first in line for the presidency should the offices of the president and the vice president both be vacant at the same time. The 1947 act has been widely criticized over the years as unconstitutional. He also pointed out the negative constitutional and practical implications of having the president pro tempore and the speaker in the line of succession. There are concerns regarding the constitutionality of having members of Congress in the line of succession. The order was changed again into a mix of the two ideas. Presidents use the executive power to issue ________ that give specific instructions on a federal policy and do not require congressional approval. As ______________ , the president directs all war efforts and military conflict. United States presidential line of succession § Under the 1792 succession act, United States presidential line of succession § Under the 1886 succession act, secretary of housing and urban development, USA PATRIOT Improvement and Reauthorization Act, United States presidential line of succession § Under the 1947 succession act, Secretary of Health, Education, and Welfare, Secretary of Housing and Urban Development, "Presidential Succession Act Law and Legal Definition", "Essays on Article II: Presidential Succession", "Presidential and Vice Presidential Succession: Overview and Current Legislation", "Presidential Succession: February 20, 1792", "Truman signs Presidential Succession Act, July 18, 1947", "Continuity of Government: Current Federal Arrangements and the Future", "Articles on Amendment XII: Electoral College", "The Constitutional Politics of Presidential Succession", "Vice President of the United States (President of the Senate)", "These 11 People Came Close to Being President of the United States ...", "Is the Presidential Succession Law Constitutional? However, unlike the 1886 act, this statute mandates that any Cabinet officer who accedes to the powers and duties of the presidency resign their Cabinet post. In the very next section of Article II, the President is empowered to "require the Opinion, in writing, of the principal Officer in each of the executive Departments" and to appoint, by and with the advice and consent of the Senate, "Officers of the United States". [C] He also recommended that a provision be made for election of a new president and vice president should vacancies in both of those offices occur more than three months before the midterm congressional elections. [34], The Twenty-fifth Amendment also established a procedure for responding to presidential disabilities whereby a vice president could assume the powers and duties of the presidency as acting president; two presidents have, on three occasions, followed this procedure to declare temporary disability:[35], During the September 11, 2001 terrorist attacks, the Secret Service carried out its plan for ensuring the continuity of government, which in part called for gathering up persons in the presidential line of succession and taking them to a secure location, to guarantee that at least one officer in the line of succession would survive the attacks. The winner of a state's popular votes gets ALL of the state's electoral votes. It became law on January 19, 1886, with President Cleveland's signature. The bill became law on March 1, 1792, with the signature of President George Washington.[2][5]. "When President Roosevelt died in office, April 12, 1945, and was succeeded by Vice President Truman, the man next in line of succession to the presidency was Edward R. Stettinius, Jr., then Secretary of State. During a September 2003 joint hearing Before the U.S. Senate's Committee on Rules and Administration and Committee on the Judiciary, M. Miller Baker said: The 1947 Act is probably unconstitutional because it appears that the Speaker of the House and the President pro tempore of the Senate are not "Officers" eligible to act as President within the meaning of the Succession Clause. Congress sets the order of succession if the VP is unable to serve: 1. This was the situation when President Truman sent a special message to Congress, June 19, urging early revision of the Presidential Succession Act of 1886 'in the interest of orderly, democratic government'.". While the succession provisions of the 1792 Act were never invoked, there were ten instances when the vice presidency was vacant:[10]. Legislation to establish such a line of succession was introduced December 1790, in the House of Representatives of the 1st Congress. Although such circumstances never arose, President Woodrow Wilson apparently drew up a plan whereby, given the turmoil of World War I, if his Republican opponent Charles Evans Hughes had won the 1916 election, then Wilson would have dismissed the secretary of state, Robert Lansing, and recess-appointed Hughes to the post. Quizlet will be unavailable from 4-5 PM PT. Among them, that the four-year term of a president elected in a special election might be out of sync with the congressional election cycle, resulting in "confusion and trouble". A regulation that is like a law that does not have go through Congress. It would also seemingly prevent Congress from exercising influence on the executive branch by threatening to replace a cabinet member acting as president with a newly elected Speaker of the House.[29]. This interpretation makes some logical sense as the provision would presumably prevent the confusion that would arise if the presidency were transferred to several different individuals in a short period of time. Because a president in his second term cannot seek reelection, he is commonly referred to as a. [3] Less than two weeks after the Act was enacted, Truman signed the National Security Act of 1947 into law. To buttress this argument, he pointed out that since the federal government began operations 96 years earlier in 1789, six secretaries of state had gone on to be elected president, serving in that office for 36 of those 96 years. [1] Article II, Section 1, Clause 6 of the United States Constitution authorizes Congress to enact such a statute: Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.[2].

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