define compensation presidential succession
Succession Definition The President, acting through the Federal Transition Coordinator, shall submit to the Committee on Oversight and Government Reform [now Committee on Oversight and Reform] of the. 19 Vacancy in offices of both President and Vice President; officers eligible to act", "Succession: Presidential and Vice Presidential Fast Facts", "Speaker Albert Was Ready to Be President", "For 85 minutes, Kamala Harris became the first woman with presidential power", "Secrets of 9/11: New Details of Chaos, Nukes Emerge", "Sonny Perdue is Trump's 'designated survivor' for State of the Union 2018", "Designated survivors recount nights as doomsday presidents", "Presidential Succession: The Art of the Possible", "Ensuring the Continuity of the United States Government: The Presidency", "Serious Flaws Exist in Our Presidential Succession Laws", "Congress passes presidential succession act: Feb. 20, 1792", "The Dire Need For A Change In The Presidential Succession Act Of 1947", "Constitutional Topic: Presidential Line of Succession", "A brief history of the US Postal Service: How did the US Postal Service become what it is today? Presidential succession The Cabinet has 15 members, of which the secretary of state is first in line; the other Cabinet secretaries follow in the order of when their departments (or the department of which their department is the successor) were created. An official website of the United States government. The Presidential Succession Act was adopted in 1947, and last revised in 2006. [22] Nonetheless, Tyler adhered to his position, even returning, unopened, mail addressed to the "Acting President of the United States" sent by his detractors. 4121, title III, for FY 1982], Dec. 21, 1982, 96 Stat. Removing legislators and several Cabinet members from the line of succession and adding four officials, or "Standing Successors", outside of Washington, D.C. Its procedures for declaring a temporary disability have been invoked on four occasions by three presidents. Each apparent successful candidate for the office of President shall be entitled to conveyance within the United States and its territories and possessions of all mail matter, including airmail, sent by him in connection with his preparations for the assumption of official duties as President, and such mail matter shall be transmitted as penalty mail as provided in title 39, United States Code, section 4152 [now. L. 103329, title III, Sept. 30, 1994, 108 Stat. Pub. Each apparent successful candidate, or eligible candidate (as defined in subsection (h)(4)) for President or Vice-President, may designate to the Administrator an assistant authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Act. This statute (in part) merged the Department of War (renamed as the Department of the Army) and the Department of the Navy into the National Military Establishment (renamed Department of Defense in 1949), headed by the secretary of defense. any other individual the President determines appropriate. 526. L. 1087, div. The measure was forwarded to the Senate, which took no action on it during the balance of the 79th Congress. Early in 1947, Senator Kenneth S. Wherry introduced a bill in the Senate which, like the previous 1945 version, put the speaker and the president pro tempore second and third in the succession order respectively, and contained no provision for a special election. L. 10561, title III, Oct. 10, 1997, 111 Stat. An eligible candidate, or any person on behalf of the candidate, shall not use any services or facilities provided under this subsection other than for the purposes described in subparagraph (A), and the candidate or the candidates campaign shall reimburse the Administrator for any unauthorized use of such services or facilities. Various friends and colleagues of Senator, Secretary of Housing and Urban Development, USA PATRIOT Improvement and Reauthorization Act, List of United States presidential assassination attempts and plots, "Title 3The President: Chapter 1Presidential Elections and Vacancies", "A president resigns, dies or is impeached: What is the line of succession? [30][44] In a January 2011 Roll Call op-ed, Representative Brad Sherman wrote, [The bumping provision] creates a game of musical chairs with the presidency and would cause great instability. The speaker of the House was second in line. The presidential line succession refers to the manner in which various federal government officials assume the office of President of the United States leaves office [9][32], When the latter department was created in 2002, the act creating it did not contain a provision adding the new department's secretary into the line of presidential succession. L. 106554, 1(a)(3) [title III], Dec. 21, 2000, 114 Stat. This first succession act was controversial because it placed members of Congress in the line, which one of the fathers of the Constitution, James Madison, strenuously opposed on constitutional grounds. L. 98151, 101(f) [H.R. WebClause 1 President's Role. If a U.S. president cannot carry out the duties of the office, the responsibilities are passed to another government leader in a specific order. For example, Secretary of Agriculture Sonny Perdue was the Cabinet member so designated when President Donald Trump delivered his 2018 State of the Union Address. Executive Branch Test Review.pdf - The Presidency Define Not more than 10 per centum of the total expenditures under this Act for any apparent successful candidate may be made upon the basis of a certificate by the candidate or their designee pursuant to this section that such expenditures are classified and are essential to the national security, and that they accord with the provisions of subsections (a), (b), and (d) of this section. In a time of national crisis, the nation needs to know who its president is.[45]. 1170, provided that: The amendment made by this section [amending this section] shall take effect at noon on, The amendments made by this Act [enacting sections, The amendment made by this Act [amending this section] shall take effect at noon on, The amendments made by subsections (a) and (b) of this section [amending this section and. With the future of Richard Nixon's presidency in doubt on account of the Watergate scandal, and with the vice presidency vacant following Spiro Agnew's resignation, there was a possibility that Speaker of the House Carl Albert might become acting president. Secretaries of newly created cabinet-level departments are not automatically included, but must be specifically incorporated. 1291. [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. 1783308, 1783315, and Pub. Pub. WebUnited States presidential line of succession. Since 1789 there have been eighteen instances of the vice presidency becoming vacant;[32] during those periods, the persons next in line to serve as acting president were: In 2003, the Continuity of Government Commission suggested that the succession law has "at least seven significant issues that warrant attention," specifically: In 2009, the Continuity of Government Commission commented on the use of the term "Officer" in the 1947 statute, The language in the current Presidential Succession Act is less clear than that of the 1886 Act with respect to Senate confirmation. sion sk-se-shn Synonyms of succession 1 a : the order in which or the conditions under which one person after another succeeds to a property, dignity, title, or throne b : the right of a person or line to succeed c : the line having such a right 2 a : the act or process of following in order : sequence b (1) ensure the Federal Government has an integrated strategy for addressing interagency challenges and responsibilities around Presidential transitions and turnover of noncareer appointees; coordinate transition activities between the. [14], Various framers of the Constitution, such as James Madison, criticized the arrangement as being contrary to their intent. President pro tempore of the United States Senate, Speaker of the United States House of Representatives, 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, United States House Judiciary Subcommittee on the Constitution and Civil Justice, 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", "The Presidential Succession Act of 1886", "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? Share sensitive information only on official, secure websites. The 1947 act has been modified by a series of incidental amendments to reflect the creation of new federal departments. Topological sorting can be done by a succession of breadth-first In each case, had the incumbent president died, resigned, been removed from office or been disabled during one of these vice presidential vacancies, the president pro tempore of the Senate would have become the acting president. The Administrator of General Services shall furnish for each former President suitable office space appropriately furnished and equipped, as determined by the Administrator, at such place within the United States as the former President shall specify. presidential succession Based on that same authority, the act also applies to situations in which there is neither a president-elect nor a vice president-elect on Inauguration Day.[29]. WebOn July 18, 1947, President Harry Truman signed the Presidential Succession Act. The transition directory shall be a compilation of Federal publications and materials with supplementary materials developed by the Administrator that provides information on the officers, organization, and statutory and administrative authorities, functions, duties, responsibilities, and mission of each department and agency. [21], The hypothetical debate about whether the office or merely the powers of the office devolve upon a vice president who succeeds to the presidency between elections became an urgent constitutional issue in 1841, when President William Henry Harrison died in office. [3], Article II, Section 1, Clause 6 of the Constitution authorizes Congress to declare who should act as president if both the president and vice president died or were otherwise unavailable to serve during their terms of office. A, 101(h) [title III], Oct. 21, 1998, 112 Stat. Due to this lack of clarity, later vice presidents were hesitant to assert any role in cases of presidential inability. L. 108199, div. Not later than September 1 of a year during which a Presidential election occurs, the Administrator shall, to the maximum extent practicable, enter into a memorandum of understanding with each eligible candidate, which shall include, at a minimum, the conditions for the administrative support services and facilities described in subsection (a). [34] Recourse in this case to the 1947 Act was not necessary, because Section 2 of the Twenty-fifth Amendment, ratified only six years earlier, established a mechanism for filling an intra-term vice presidential vacancy. He recommended that the speaker of the House and president pro tempore of the Senate be restored to, and given priority in, the presidential line of succession over members of the Cabinet. ArtII.1 Overview of Article II, Executive Branch - Constitution H, title III, Dec. 8, 2004, 118 Stat. L. 99591, 101(m) [title III, 301], Oct. 30, 1986, 100 Stat. L. 95570 substituted Executive Residence at the White House for Executive Mansion. Article II Section 1 | Constitution Annotated - Library of Congress L. 10452, title III, Nov. 19, 1995, 109 Stat. [7][9][26], A bill incorporating the president's proposal was introduced in the House on June 25, 1945, by Hatton W. Sumners and approvedminus the special election provisionfour days later by a wide margin. 321. Pub. in the form of a report to the Administrator within 30 days after the inauguration of the apparent successful candidate for the office of President as President and the apparent successful candidate for the office of Vice-President as. A, title V, Nov. 30, 2005, 119 Stat. 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. WebClause 6. The death of President James A. Garfield on September 19, 1881 after his lengthy incapacity following an assassination attempt resulted in Vice President Chester Arthur ascending to the presidency. It was passed by the Senate the following year, but failed in the House. the right, act, or process, by which one person succeeds to the office, rank, estate, or the like, of another. WebThe presidential succession is a highly sensitive subject and rarely discussed in public. Succession is a primary board responsibility, and boards need to ensure that they have a well-thought-out process that considers the ramifications for compensation. WebThe President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or Moved forward as a consequence of President Kennedy's November 1963 assassination, this informal plan evolved into constitutional procedure a decade later through Sections 3 and 4 of the Twenty-fifth Amendment, which resolved the uncertainties surrounding presidential disability. Approved July 18, 1947. Pub. Article II, Section 1, Clauses 2 and 3 - The National Constitution Webnoun the coming of one person or thing after another in order, sequence, or in the course of events: many troubles in succession. Legislation to establish such a line of succession was introduced December 1790, in the House of Representatives of the 1st Congress. Since most foreign born Cabinet members are not Presidential Succession Act of 1947. H, title V, 526, Dec. 8, 2004, 118 Stat. L. 100398, 2(b), Aug. 17, 1988, 102 Stat. Pub. L. 97377, title I, 101(a) [incorporating H.R. [41] Akhil Amar, who is a legal scholar in constitutional law, has called it "a disastrous statute, an accident waiting to happen". ", "John Tyler, Tenth Vice President (1841)", "If Woodrow Wilson had lost the 1916 election", "The Election of 1940 and the Might-Have-Been that Makes One Shudder", "Succession to the Presidency: Call for Change in Law of Succession", "Special Message to the Congress on the Succession to the Presidency", "A president resigns, dies or is impeached: What is the line of succession? Widely considered a settled issue during the late 20th century, the terrorist attacks of September 11, 2001 demonstrated the potential for a decapitation strike that would kill or incapacitate multiple individuals in the presidential line of succession in addition to many members of Congress and the federal judiciary. [20][21], Also of note is that 1940 Republican presidential nominee Wendell Willkie and vice presidential nominee Charles L. McNary both died in 1944 (October 8, and February 25, respectively), the first (and as of 2023[update] only) time both members of a major-party presidential ticket died during the term for which they sought election. information regarding the sources of funding which support the transition activities of each transition team member. ", "The Continuity of Congress: The First Report of the Continuity of Government Commission", "Second Fordham University School of Law Clinic on Presidential Succession, Fifty Years After the Twenty-Fifth Amendment: Recommendations for Improving the Presidential Succession System", "Fools, Drunkards, & Presidential Succession", Presidential line of succession in the United States of America, Unsuccessful major party presidential candidates, Unsuccessful major party vice presidential candidates, United Kingdom and other Commonwealth realms, Bibliography of the United States Constitution, Notes of Debates in the Federal Convention of 1787, https://en.wikipedia.org/w/index.php?title=United_States_presidential_line_of_succession&oldid=1157657254, Article Two of the United States Constitution, Continuity of government in the United States, Short description is different from Wikidata, Wikipedia pages semi-protected against vandalism, Creative Commons Attribution-ShareAlike License 4.0, John Gaillard elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, Willie Person Mangum elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, William R. King elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, David Rice Atchison elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, Lewis Cass elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, Jesse D. Bright elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, Charles E. Stuart elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, James Murray Mason elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, Benjamin Wade elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, Thomas E. Bayard elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, David Davis elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, George F. Edmunds elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, John Sherman elected president pro tempore of the Senate, and continuing intra-term vacancy in vice presidency, Succession Act of 1886 is enacted, and continuing intra-term vacancy in vice presidency, James F. Byrnes confirmed as Secretary of State, and continuing intra-term vacancy in vice presidency, George Marshall confirmed as Secretary of State, and continuing intra-term vacancy in vice presidency, Succession Act of 1947 is enacted, and continuing intra-term vacancy in vice presidency, Sam Rayburn elected speaker of the House, and continuing intra-term vacancy in vice presidency, The reality that all figures in the line of succession work and reside in the vicinity of Washington, D.C. The line of succession of cabinet officers is in the order of their agencies creation. [28] The less explicit 1947 language raises the question of whether acting secretaries are in the line of succession. 730; Pub. Upon Arthur becoming President, the offices of vice president, president pro tempore of the Senate, and speaker of the House of Representatives were vacant. 1035; Pub. beginning on the day after the date of the general elections held to determine the electors of the President and, ending on the date that is 60 days after the date of such inauguration; and, without regard to whether the apparent successful candidate, President, or, If all but one eligible candidate for the office of President and one eligible candidate for the office of, If, on the date that is 5 days after the date of the election, more than one eligible candidate for the office of President has not conceded the election, then each of the remaining eligible candidates for such office and the office of, If a single candidate for the office of President or. This special election would take place no fewer than two months later. L. 103123, title III, Oct. 28, 1993, 107 Stat. No amount of such expense allowance shall be included in the gross income of the President. There are authorized to be appropriated to the Administrator of General Services up to $1,000,000 for each former President and up to $500,000 for the spouse of each former President each fiscal year for security and travel related expenses: Provided, That under the provisions set forth in section 3056, paragraph (a), subparagraph (3) of title 18, United States Code, the former President and/or spouse was not receiving protection for a lifetime provided by the, The amendment made by the first section of this Act [amending, Authorization of Transition Activities by the Incumbent Administration, Disclosure of In-Kind Contributions to 19881989 Transition, Disclosure as Condition of Receipt of Funds., The President-elect and Vice-President-elect (as a condition for receiving services under section 3 and for funds provided under section 6(a)(1) of the, The estimates made under subsection (a) shall be, services and facilities authorized to be provided to apparent successful candidates, The Administrator of General Services, referred to hereafter in this Act as the Administrator, is authorized to provide, upon request, to each apparent successful candidate for the office of President and, Activities under this paragraph may include interchange between such appointees and individuals who, National Archives and Records Administration, The Administrator shall expend funds for the provision of services and facilities under this section, in connection with any obligation incurred by the apparent successful candidates, or after the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of, For purposes of this Act, the apparent successful candidate for the office of President and, On or after the date that is 5 days after the date of the election, the Administrator may determine that a single candidate for the office of President or, Notwithstanding subparagraph (A) or (B), a candidate shall be the sole apparent successful candidate for the office of President or, Clarification if state unable to certify election results or appoints more than one slate of electors., Period of Multiple Possible Apparent Successful Candidates., During any period in which there is more than one possible apparent successful candidate for the office of President, In the case of an eligible candidate, the Administrator, The Administrator shall provide the notice under subparagraph (A)(i) to each eligible candidate, In this subsection, the term eligible candidate means, with respect to any presidential election (as defined in section 9002(10) of the, In making a determination under subparagraph (A)(ii), the Administrator shall, ensure that any candidate determined to be an eligible candidate under such subparagraph, Designation of representative for inquiries., The designation of a transition representative under a memorandum of understanding shall terminate. Pub. Discover what the presidential line of succession is. [33], While it has not become necessary to invoke the 1947 Act, the vice presidency was vacant at the time of its adoption, and has been vacant three more times since:[11], Had the president died, resigned, been removed from office or been disabled during one of these vacancies the speaker of the House would have become acting president. [10] In October 1973, the resignation of Vice President Spiro Agnew made House Speaker Carl Albert first in line to succeed President Richard Nixon but only briefly, as Gerald Ford was sworn in as vice president on December 6, 1973. [18], In 1884, Grover Cleveland was elected president, with Thomas A. Hendricks being elected vice president. 838, as amended by Pub. What constituted an "inability"? Perdue was taken to a secure location several hours beforehand, and remained there throughout the event. Hendricks' death in November 1885, just eight months into his term, once again left no direct successor, which forced Congress to address the inadequacies of the 1792 Succession Act. What type of succession occurs after lava from a volcanic er - Quizlet It provided that in case of the removal, death, resignation or inability of both the President and Vice President, such officer would "act as President until the disability of the President or Vice-President is removed or a President shall be elected. The order of succession specifies that the office passes to the vice president; if the vice presidency is simultaneously vacant, or if the vice president is also incapacitated, the powers and duties of the presidency pass to the speaker of the House of Representatives, president pro tempore of the Senate, and then Cabinet secretaries, depending on eligibility. Except as provided in subparagraph (B), the services and facilities described in this paragraph are the services and facilities described in subsection (a) (other than paragraphs (2), (3), (4), (7), and 8(A)(v) thereof), but only to the extent that the use of the services and facilities is for use in connection with the eligible candidates preparations for the assumption of official duties as President or Vice-President. draw on guidance provided by the White House transition coordinating council and lessons learned from previous Presidential transitions in carrying out its duties. [13] The president pro tempore and speaker were excluded from the new line, and the provision mandating a special presidential election when a double vacancy arose was also dropped. Any apparent successful candidate for the office of President should submit to the, The responsible agency or agencies shall undertake and complete as expeditiously as possible the background investigations necessary to provide appropriate security clearances to the individuals who are candidates described under paragraph (1) before the date of the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of, In the case where an apparent successful candidate for the office of President is the incumbent President or in the case where an apparent successful candidate for the office of, shall notify the candidate of the candidates right to receive the services and facilities described in paragraph (2) and shall provide with such notice a description of the nature and scope of each such service and facility; and. It covers the procedure that governs questions of presidential (and vice-presidential) succession and disability. Next after Stettinius came Henry Morgenthau, Jr., then Secretary of the Treasury. something (such as money) given or received as payment or reparation (as for a service or loss or injury) presidential succession. 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]. made available to the public by the Administrator upon receipt by the Administrator. Each apparent successful candidate (as a condition for receiving services under section 3 and for funds provided under section 7(a)(1)) shall not accept more than $5,000 from any person, organization, or other entity for purposes of carrying out activities authorized by this Act. Each memorandum of understanding under paragraph (1) shall include an agreement that the eligible candidate will implement and enforce an ethics plan to guide the conduct of the transition beginning on the date on which the eligible candidate becomes the apparent successful candidate for the office of President. 1183. L. 101509, set out in a note under section 5376 of Title 5.]. L. 111283, 2(a), (b), (d), Oct. 15, 2010, 124 Stat. The executive Power shall be vested in a President of the United States of America. The reports under paragraph (1) shall be provided 6 months and 3 months before the date of a Presidential election. 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. 985, provided that: [Pub. L. 9674, title III], Dec. 16, 1980, 94 Stat. 1), and 1947 (61Stat. [3] Less than two weeks after the Act was enacted, Truman signed the National Security Act of 1947 into law. Doubt that the speaker of the House and the president pro tempore of the Senate are constitutionally eligible to act as president.
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define compensation presidential succession
