Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=The Succession to the Presidency.=--The Constitution declares that in
case of the removal of the President from office, or of his death,
resignation, or inability to discharge the powers and duties of his
office, the same shall devolve upon the Vice President. In case of the
removal, death, resignation, or inability of both the President and the
Vice President, Congress is authorized to provide for the succession.
The only way in which the President may be removed is by impeachment and
conviction. President Johnson was impeached, mainly for the violation of
the tenure of office act, but the senate failed by one vote to convict
him. Had he been convicted the office would have been declared vacant.
There has been no instance of the resignation of a President.[72] Five
Presidents have died in office: Harrison, Taylor, Lincoln, Garfield, and
McKinley. In each case the dead President was succeeded by the Vice
President. No case of inability to discharge the duties of the
presidential office has ever been construed as existing, though in fact
such a case existed from July 2, 1881, when President Garfield was shot,
to September 19, when he died. A similar case existed during the period
in which President McKinley lingered on his deathbed, from September 6
to September 14, 1901. In neither case did the Vice President assume the
reins of office until death had made the office vacant. Likewise during
President Wilson's serious illness in 1919-1920, the Vice President did
not act.
[72] John C. Calhoun resigned the Vice Presidency to become a senator
from South Carolina. The statutes provide that the President shall
signify his resignation, in case he resigns, by a letter to the
secretary of state.
_Succession Law of 1792._--Congress provided by law in 1792 that in case
of the removal, death, resignation, or inability of both the President
and the Vice President, the president _pro tempore_ of the senate should
succeed, and after him the speaker of the house. There were several
practical and political objections to this arrangement, however. In the
first place, there might be considerable periods of time when there was
no president _pro tempore_ of the senate or speaker of the house, and
consequently no one to succeed in case of a vacancy.[73] Another
objection to the law--political in character--was illustrated by the
situation that existed in 1886. The Democratic Vice President Hendricks
had died, and in case the presidential office had become vacant it would
have been filled by a Republican president of the senate. Thus the
executive branch of the government would have passed from the hands of
the party that had carried the country at the last election, to the
other party, merely by the death of a public officer.
Public-domain text, read in full here on John Shaqi.
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