- The U.S. Constitution (Article II, Section 1) tells the federal government what to do in the case of the President's death, resignation or inability to perform the duties of president. While the essence of presidential succession has stayed the same since then, the 25th Amendment clarifies what should take place.
- The 25th Amendment states that, in the case of death, resignation or removal from office of the President, the Vice President becomes President. It then instructs the new President to nominate a new Vice President, who is then voted on by Congress.
It also allows the President to write both the Vice President (who is President of the Senate) and the Speaker of the House of Representatives that he is unable to perform his duties and temporarily transfer power to the Vice President, who then becomes Acting President.
This temporary bestowal of power can also happen through a majority vote from Congress. - Three additional acts--the Presidential Succession Act of 1792, the Presidential Succession Act of 1886 and the Presidential Succession Act of 1947--have altered presidential succession. The act of 1792 clarified what should be done upon the death of both the President and the Vice President, namely that the President pro tempore of the Senate should become president. The act of 1886 also changed the order of succession, making cabinet members next in line. The act of 1947, which is currently in effect, once again changed the succession.
- If the President is no longer able to serve for whatever reason, the Vice President would become President. If both the President and Vice President were unable to serve, the Speaker of the House of Representatives would become President. The succession after that would be President Pro Tempore of the Senate, Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs and finally Secretary of Homeland Security.
- Nine U.S. presidents have not finished their terms in office. Four died from natural causes (William Henry Harrison, Zachary Taylor, Warren G. Harding and Franklin D. Roosevelt), four were killed (Abraham Lincoln, James A. Garfield, William McKinley and John F. Kennedy) and Richard Nixon resigned. In each case, the Vice President became President.
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