Presidential Succession Act of 1947
The Presidential Succession Act of 1947 is a significant piece of legislation in the United States that outlines the line of succession in the event of a double vacancy in both the presidency and vice presidency. Following the constitutional provision that the vice president assumes the presidency when the president is unable to serve, the Act established a new order of succession that placed congressional leaders in line after the vice president. Specifically, the Speaker of the House and the president pro tempore of the Senate were placed ahead of executive cabinet officials. This change was driven by the belief that elected congressional officials would represent a more democratic choice for succession.
The Act arose from historical debates surrounding presidential vacancies, particularly highlighted by President Franklin D. Roosevelt’s death in 1945, which left Harry S. Truman without a vice president for nearly four years. While the Act aimed to enhance democratic principles in the succession process, it did not include provisions for interim elections to fill the presidency temporarily, which remains a point of discussion. Importantly, the provisions of the Act have never been tested, as there has not been a situation involving a double vacancy in the highest offices. Overall, the Presidential Succession Act of 1947 reflects the ongoing dialogue about governance and representation within the U.S. political system.
Presidential Succession Act of 1947
The Law Federal legislation revising the order of succession to the U.S. presidency
Date Signed into law on July 18, 1947
This act changed the line of presidential succession to ensure that elected officials from Congress would fill the position of president before appointed members of the executive branch. It placed the Speaker of the House and the president pro tempore of the Senate before the cabinet in the line of succession.
Article II, section 1 of the United States Constitution specifies that the vice president assumes the role of chief executive should the incumbent president be unable to fulfill his duties. However, the founders did not offer an extensive list of successors should there be a double vacancy in the offices of both the presidency and the vice presidency. Rather, they gave Congress the authority to determine the line of succession. This was particularly important prior to the 1967 ratification of the Twenty-fifth Amendment when a vacancy in the vice presidency went unfilled until the next presidential election.
Historical debate over presidential vacancies has focused on two fundamental controversies: whether executive or legislative officials should take over in the event of a double vacancy, and whether there should be an interim election to replace an acting president. Prior to 1947, potential vacancies were covered by the Presidential Succession Act of 1886, which placed executive cabinet officials first in the succession line in the event of a double vacancy. Additionally, Congress was given the power to determine whether an interim election would be held to name a permanent presidential successor.
The debate over the passage of the Presidential Succession Act of 1947 rehashed the same political and democratic questions as previous acts on presidential vacancies. President Franklin D. Roosevelt’s death in April, 1945, at the beginning of his fourth term, meant that Harry S. Truman would serve without a vice president for almost four years until the election of 1948. Given these circumstances, Truman asked Congress to change the order of presidential succession. He argued that placing the Speaker of the House and then the president pro tempore of the Senate in line behind the vice president was inherently more democratic since both had won election to Congress and then been chosen for leadership positions by their elected peers. Truman also requested that Congress make provisions for an interim election if a president died or resigned during the first two years of his term. The Democratic Congress did not act on Truman’s request. However, after Republicans took control of Congress following the 1946 elections, the act was passed, reordering the presidential line of succession after the vice president to the Speaker of the House, the president pro tempore of the Senate, and then the cabinet. Any person serving as the acting president was required to resign his or her existing position. The legislation did not include provisions for a special interim presidential election.
Impact
The Presidential Succession Act of 1947 placed congressional leadership ahead of executive cabinet members in the line of succession. This change sought to make the presidential succession more democratic. However, Congress did not make the process even more accountable to citizens by setting up interim elections to replace the acting president. Since there has never been a double vacancy in the presidency and the vice presidency, the provisions of the act have not been invoked.
Bibliography
Crockett, David A. “The Contemporary Presidency: Unity in the Executive and the Presidential Succession Act.” Presidential Studies Quarterly 34, no. 2 (2004): 394-411.
Feerick, John D. From Failing Hands: The Story of Presidential Succession. New York: Fordham University Press, 1965.
Neale, Thomas H. Presidential Succession: Perspectives, Contemporary Analysis, and 110th Congress Proposed Legislation. Washington, D.C.: Congressional Research Service, 2008.