Pub. 1246; Pub. The persons 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. Webnoun the coming of one person or thing after another in order, sequence, or in the course of events: many troubles in succession. Three Cabinet secretaries were added to the lineup, reflecting the creation of three Cabinet-level departments post-1886: Secretary of Agriculture, Secretary of Commerce, and Secretary of Labor. It was passed by Congress in July 1965 after considerable public debate and consideration in the House and Senate. Payment of the compensation of members of office staffs designated by the apparent successful candidate at rates determined by them not to exceed the rate provided by the, Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the apparent successful candidate, as authorized for the head of any department by section 15 of the, Payment of travel expenses and subsistence allowances, including rental of Government or hired motor vehicles, found necessary by the apparent successful candidate, as authorized for persons employed intermittently or for persons serving without compensation by section 5 of the. The original act of 1792 had placed the Senate president pro tempore and Speaker of the The annual rate of compensation payable to any such person shall not exceed the highest annual rate of basic pay now or hereafter provided by law for positions at level II of the Executive Schedule under. [19], A bill to transfer the succession from congressional officers to members of the Cabinet was introduced in the Senate by George Hoar in 1882. This section 2 of the 25th Amendment has been invoked twice: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, and Secretary of the Interior. The 1947 Act was last revised in 2006. For this concern, one of the listed people is selected as ". 790. Upon Arthur becoming President, the offices of vice president, president pro tempore of the Senate, and speaker of the House of Representatives were vacant. L. 100398, 2(a), 3, 4, Aug. 17, 1988, 102 Stat. The president of the United States may be replaced if he or she: The U.S. Constitution and the Presidential Succession Act of 1947 outline the presidential order of succession. If a U.S. president cannot carry out the duties of the office, the responsibilities are passed to another government leader in a Pub. 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. 239), 1886 (24Stat. [41] Akhil Amar, who is a legal scholar in constitutional law, has called it "a disastrous statute, an accident waiting to happen". A, 101(h) [title III], Pub. 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 Vice President John Tyler claimed a constitutional mandate to carry out the full powers and duties of the presidency, asserting he was the president and not merely a temporary acting president, by taking the presidential oath of office. ", "For 85 minutes, Kamala Harris became the first woman with presidential power", "The 16th Presidential Inauguration: Zachary Taylor, March 5, 1849", "The Election of 1940 and the Might-Have-Been that Makes One Shudder", Roy Rosenzweig Center for History and New Media, "The forgotten man who almost became President after Lincoln", "Speaker Albert Was Ready to Be President", "George Clinton, 4th Vice President (18051812)", "John Tyler, Tenth Vice President (1841)", "William Rufus King, 13th Vice President (1853)", "Five little-known men who almost became president", "Chapter 2: A Question of Succession, 1861-1889", "These 11 People Came Close to Being President of the United States ", "Three Speakers Of The House Who Were "A Heartbeat Away" From The Presidency! 380). 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. 1830. L. 10452, title V, 523, Nov. 19, 1995, 109 Stat. WebThe President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $400,000 a year, to be paid monthly, 4121, title III, for FY 1982], Dec. 21, 1982, 96 Stat. Although it did not have the force of law, the plan helped to reassure the nation. After considerable debate the measure was approved on June 27, 1947, by a vote of 50 to 35. Pub. 1; U. S. C., 1940 edition, title 3, secs. 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. 198; Pub. Had they been elected, Willkie's death would have resulted in the secretary of state becoming acting president for the remainder of the term ending on January 20, 1945. For example, from January 20, 2001, to June 6, 2001, the president pro tempore was then-98-year-old. They will get you the answer or let you know where to find it. Johnson was acquitted by a one-vote margin. Pub. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. A, 101(h) [title III], Oct. 21, 1998, 112 Stat. [2] Lawmakers failed to reach consensus on who should be the statutory successor. Presidential Succession: An Overview with Analysis of Legislation 3048, which authorized certain types of actions to be taken by the President to facilitate an efficient transfer of power to a successor President and required reports on such actions taken, was repealed by Pub. provide guidance to agencies and the Federal Transition Coordinator regarding preparations for the Presidential transition, including succession planning and preparation of briefing materials; facilitate communication and information sharing between the transition representatives of eligible candidates and senior employees in agencies and the. 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. Notwithstanding subsection (b), consultation by the Administrator with any apparent successful candidate or eligible candidate (as defined in subsection (h)(4)) to develop a systems architecture plan for the computer and communications systems of the candidate to coordinate a transition to Federal systems if the candidate is elected including, to the greatest extent practicable, human resource management system software compatible with the software used by the incumbent President and likely to be used by the apparent successful candidates. In the very next section of ArticleII, the President is empowered to "require the Opinion, in writing, of the principal Officer in each of the executive Departments" and to appoint, by and with the advice and consent of the Senate, "Officers of the United States". The 1947 act has been widely criticized over the years as unconstitutional. 25th Amendment March 25, 2019 by: Content Team The 25th Amendment to the U.S. Constitution addresses the subject of presidential succession. Forwarded to the House, the legislation engendered little debate, and was passed on July 10 by a vote of 365 to 11. Removing legislators and several Cabinet members from the line of succession and adding four officials, or "Standing Successors", outside of Washington, D.C. L. 108458, title VII, 7601(d), Dec. 17, 2004, 118 Stat. [15], The current act is also controversial because it provides that an officer who is acting as president due to the disability or failure to qualify of an officer higher in the order of succession does so only until the other officer's disability or disqualification is removed. There are concerns regarding the constitutionality of having members of Congress in the line of succession. Presidential Succession | Constitution Annotated includes information that a member of the transition team knows or reasonably should know, The President shall take such actions as the President determines necessary and appropriate to plan and coordinate activities by the Executive branch of the Federal Government to facilitate an efficient transfer of power to a successor President, including by, The Administrator shall designate an employee of the, White House Transition Coordinating Council., The White House transition coordinating council shall, The members of the White House transition coordinating council shall include, The President shall establish and operate an agency transition directors council, which shall, As part of carrying out the responsibilities under paragraph (1), the agency transition directors council shall, The members of the agency transition directors council shall include, The agency transition directors council shall meet, Interim Agency Leadership for Transitions., Oversight and implementation of transition., The ethics plan shall include, at a minimum, a description of how the transition team will, address the role on the transition team of, a Code of Ethical Conduct, which each member of the transition team will sign and be subject to, that reflects the content of the ethics plans under this paragraph and at a minimum requires transition team members to, The transition team shall make the ethics plan described in this paragraph publicly available on the internet website of the General Services, services and facilities authorized to be provided to former presidents and former vice presidents, disclosures of financing and personnel; limitation on acceptance of donations, Disclosures made under paragraph (1) shall be, Each apparent successful candidate (as a condition for receiving services provided under section 3 and funds provided under section 7(a)(1)) shall make available to the public, There are hereby authorized to be appropriated to the Administrator such funds as may be necessary for carrying out the purposes of this Act, except that with respect to any one Presidential transition, Expense Allowance: Use; Reversion of Unexpended Portion; Nontaxable, Former Presidents; Allowance; Selection, Compensation, and Status of Office Staff; Office Space; Widows Allowance, Termination; Former President Defined, The widow of each former President shall be entitled to receive from the United States a monetary allowance at a rate of $20,000 per annum, payable monthly by the Secretary of the Treasury, if such widow shall waive the right to each other annuity or pension to which she is entitled under any other Act of, terminates on the last day of the month before such widow, As used in this section, the term former President means a person, Pub. Not later than September 15 of a year during which a Presidential election occurs, and in accordance with subchapter III of. Presidential Succession Though there is some dispute over this provision, the language clearly permits acting secretaries to be placed in the line of succession. Pub. The Constitution, Madison argued, allowed Congress to specify by law which officers in the executive branch would serve in the line of succession. A concern that the succession line is ordered by the dates of creation of the various executive departments, without regard to the skills or capacities of the persons serving as secretary. 4139, title III], Nov. 14, 1983, 97 Stat. Presidential Line of Succession | Definition & Order | Study.com Proponents of placing the SHS high in the order of succession (eighth overall, as opposed to eighteenth) argued that, given the department's many responsibilities in the areas of security and national preparedness, the officer responsible for disaster relief and security, could be expected to possess the relevant knowledge and expertise to capably function acting as president following a catastrophic event; the same could not be said of every cabinet secretary. L. 98151, 101(f) [H.R. 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. L. 10452, title III, Nov. 19, 1995, 109 Stat. 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. [1] Article II, Section 1, Clause 6 of the United States Constitution authorizes Congress to enact such a statute: 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.[2]. L. 105277, div. L. 9674, title III, Sept. 29, 1979, 93 Stat. How Compensation Decisions Support CEO Succession 985, provided that: [Pub. presidency of the United States of America 1399. Communications services found necessary by the apparent successful candidate. 2392. Language links are at the top of the page across from the title.
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define compensation presidential succession
