Presidential Succession – Constitution Article 2 §1.6

These days I’m studying Article 2 of the Constitution, which deals with the executive branch of government. I knew contemporary politics is enraging, but I’ve been surprised at how many clauses of the Constitution are disappointing. Last week, Article 2 §1.5, which determines eligibility for the presidency, got me hot under the collar. Article 2 §1.6 is about presidential succession. Maybe it will restore my faith in America.

Article 2 §1.6

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the 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.

Removal of the President

The presidential term is only four years, so “finishing the term” should usually cover it. But life is uncertain, so the Framers wisely considered the reasons a president might not finish their elected term:

• Death – obviously
• Resignation – seems unlikely, but a guy can change his mind, and it has happened
• Inability to discharge duties – well, that’s worth discussing.

Devolving on the Vice

According to the annotated Constitution, there was some confusion over whether it was merely the “powers and duties of the said office,” that passed to the vice president, or whether the veep assumed the office itself. The question was tested when President Harrison died in 1841. Vice President John Tyler took the position that he was automatically President, and the precedent of his presidency has been followed ever since. The 25^th Amendment later solidified the practice and fleshed out a few other presidential succession questions. It still leaves some questions on the old “inability to discharge duties” question, however, and the current VP leaves many people afraid to find out.

Provide for Removal of Both

the 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

Well, this is a happy phrase for people who are convinced the Pres is unfit but scared of a world with Pence in charge. So, say for instance, mental health testing found 45 to be exhibiting signs of dementia, or Mueller pulled down a curtain behind the giant head and Pence got caught in the draperies, too. Congress would have the power to remove them both and appoint an acting president of their choice. Alas, that choice would almost certainly be the next in line of presidential succession, the Speaker of the House, currently Paul Ryan.

Of course, with a Republican majority, this scenario could only take place with some soap opera-worthy infighting. And since the Republican party has proven time and again that party solidarity trumps both treason and rape, we know there will be no swamp draining so long as the Republicans hold the majority. Of course, midterms are coming up…

They say the sounds and images of water are useful for meditation. The image of a blue wave is certainly bringing me a little tranquility right now.

Vote Dammit

Folks, all joking aside, the midterm elections are November 6. I know it can feel pointless at times, but voting is so important. It’s important as a matter of democratic principle and personal responsibility and civic duty. And even if it doesn’t accomplish as much as it should, it is practically important. Who you elect does affect how you live. Now more than ever.

Please. Register to vote. Learn about the candidates and the issues. And vote on November 6.