Jul. 17th, 2018

goobergunch: (gates)
A reminder:
  1. Upon the impeachment and removal of the President, the Vice President becomes President. (25th Amendment, §1.)

  2. Under the Presidential Succession Act of 1947, the Speaker of the House only becomes President if there is no President and Vice President. (3 U.S.C. §19(a).)

  3. The above-mentioned provision of the Presidential Succession Act is arguably unconstitutional because the applicable language of the Constitution (Article II, §1(6)) refers to an "Officer" acting as President. If this provision were held to mean an "Officer of the United States", this would exclude current legislators such as the Speaker and President pro tempore. If so, the Secretary of State would become President if there is no President nor Vice President. (3 U.S.C. §19(d)(1).)

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