United States Presidential Line of Succession - History of Succession Law Set By Congress

History of Succession Law Set By Congress

The Presidential Succession Act of 1792 was the first succession law passed by Congress. The act was contentious because of conflict between the Federalists and Democratic-Republicans. The Federalists did not want the Secretary of State to appear next on the list after the Vice President because Thomas Jefferson was then Secretary of State and had emerged as a Democratic-Republican leader. There were also concerns about including the Chief Justice of the United States since that would go against the separation of powers. The compromise that was worked out established the President pro tempore of the Senate as next in line of succession after the Vice President, followed by the Speaker of the House of Representatives. In either case, these officers were to "act as President of the United States until the disability be removed or a president be elected." The Act called for a special election to be held in November of the year in which dual vacancies occurred (unless the vacancies occurred after the first Wednesday in October, in which case the election would occur the following year; or unless the vacancies occurred within the last year of the presidential term, in which case the next election would take place as regularly scheduled). The people elected President and Vice President in such a special election would have served a full four-year term beginning on March 4 of the next year, but no such election ever took place.

In 1881, after the death of President Garfield, and in 1885, after the death of Vice President Hendricks, there had been no President pro tempore in office, and as the new House of Representatives had yet to convene, no Speaker either, leaving no one at all in the line of succession after the vice president. When Congress convened in December 1885, President Cleveland asked for a revision of the 1792 act, which was passed in 1886. Congress replaced the President pro tempore and Speaker with officers of the President's Cabinet with the Secretary of State first in line. In the first 100 years of the United States, six former Secretaries of State had gone on to be elected President, while only two congressional leaders had advanced to that office. As a result, changing the order of the line of succession seemed reasonable.

The Presidential Succession Act of 1947, signed into law by President Harry S. Truman, added the Speaker of the House and President pro tempore back in the line, but switched the two from the 1792 order. It remains the sequence used today. Since the reorganization of the military in 1947 had merged the War Department (which governed the Army) with the Department of the Navy into the Department of Defense, the Secretary of Defense took the place in the order of succession previously held by the Secretary of War. The office of Secretary of the Navy, which had existed as a Cabinet-level position since 1798, had become subordinate to the Secretary of Defense in the military reorganization, and so was dropped from the line of succession in the 1947 Succession Act.

Until 1971, the Postmaster General, the head of the Post Office Department, was a member of the Cabinet, initially the last in the presidential line of succession before new officers were added. Once the Post Office Department was re-organized into the United States Postal Service, a special agency independent of the executive branch, the Postmaster General ceased to be a member of the Cabinet and was thus removed from the line of succession.

The order of Cabinet members set out in the statute has always been the same as the order in which their respective departments were established. However, when the United States Department of Homeland Security was created in 2002, many in Congress wanted the Secretary to be placed at number eight on the list – below the Attorney General, above the Secretary of the Interior, and in the position held by the Secretary of the Navy prior to the creation of the Secretary of Defense – because the Secretary, already in charge of disaster relief and security, would presumably be more prepared to take over the presidency than some of the other Cabinet secretaries. Legislation to add the Secretary of Homeland Security to the bottom of the list was enacted on March 9, 2006.