Presidential succession puts the vice president first, then Congress and Cabinet
Who takes over when a U.S. president cannot serve, and why later successors act as president rather than becoming president.
By Frankie Delgado · News Reporter
3 min read
The vice president is first in the U.S. presidential line of succession. Under the Twenty-Fifth Amendment, the vice president becomes president when the office is vacant because of removal, death or resignation, according to the Congressional Research Service.
If both the presidency and vice presidency are vacant, the Speaker of the House is next, followed by the Senate president pro tempore and then Cabinet secretaries. Those successors act as president under the Presidential Succession Act of 1947, as amended.
When succession applies
USA.gov lists death, resignation, removal, incapacity and an inability to hold office among situations in which a president may be replaced. The Twenty-Fifth Amendment’s Sections 3 and 4 address presidential disability, CRS says.
The Constitution authorizes Congress to establish a line beyond the vice president. The 1947 succession law, codified at 3 U.S.C. §19, governs when the presidency and vice presidency are simultaneously vacant, according to CRS.
The presidential succession order
- Vice president
- Speaker of the House
- President pro tempore of the Senate
- Secretary of state
- Secretary of the Treasury
- Secretary of defense
- Attorney general
- Secretary of the Interior
- Secretary of agriculture
- Secretary of commerce
- Secretary of labor
- Secretary of health and human services
- Secretary of housing and urban development
- Secretary of transportation
- Secretary of energy
- Secretary of education
- Secretary of veterans affairs
- Secretary of homeland security
The Cabinet order follows the dates the executive departments were created, according to USA.gov. That puts the secretary of state first among Cabinet officers.
Why the vice president’s role is different
The vice president becomes president after a vacancy caused by removal, death or resignation. Under the succession statute, officials below the vice president serve as acting president when both top offices are vacant, CRS says.
The Speaker must resign from the House and the speakership before acting as president. If the speakership is vacant, the Senate president pro tempore is next and must resign from the Senate and that office before acting, according to CRS.
If the vice presidency becomes vacant, the president nominates a replacement. A majority of both the House and Senate must confirm that nominee, CRS says.
How Congress arrived at this lineup
The 1792 succession law included the Senate president pro tempore and the Speaker. Congress removed those congressional officers in 1886 and used Cabinet officers arranged by department creation, according to the Senate’s historical account.
President Harry Truman signed the Presidential Succession Act on July 18, 1947. The law restored the Speaker and president pro tempore to the line and put the Speaker ahead of the Senate officer.
What remains debated
CRS has identified continuing questions about the constitutional meaning of “officer,” party continuity, presidential administration and “bumping,” or supplantation.
Reform proposals are not current law. A Fordham Law School clinic report recommended a Cabinet-first hybrid order and separate plans for transition-period crises.
Frequently asked questions
What happens if the vice presidency becomes vacant?
The president nominates a replacement vice president, who must be confirmed by a majority vote in both the House and Senate, according to CRS.
Why is the Speaker of the House ahead of Cabinet secretaries?
The Presidential Succession Act of 1947 restored the Speaker and the Senate president pro tempore to the line and placed the Speaker ahead of the president pro tempore. Cabinet officers follow them.
Does the Speaker become president if both top offices are vacant?
No. Under the succession statute, the Speaker acts as president after resigning from the House and the speakership. The vice president becomes president when a vacancy results from removal, death or resignation, according to CRS.
Sources
- Order of presidential succession — www.usa.gov
- Presidential Succession: Perspectives and Contemporary ... — www.congress.gov
- U.S. Senate: Presidential Succession Act — www.senate.gov
- Rethinking the Presidential Line of Succession — ir.lawnet.fordham.edu