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Response to demwing (Reply #4)

Tue Mar 19, 2013, 06:11 PM

8. actually most of the rules of succession are covered by statute, not the Constitution.

As originally ratified, the Constitution provided only 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 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."

The 25th Amendment added the following provision to deal with the situation where there is a vacancy in the office of the Vice President (but not in the office of the President -- i.e., whenever the VP becomes President, a new VP gets named): "Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress."

The order of succession that applies if both the office of the President and of the VP are simultaneously vacant is set by statute.

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