Presidential Transition
I. There are 4 ways by which a president may leave office prematurely A. Death 1. President William Henry Harrison died after only 1 month in office. 2. John Tyler became President 3. This has happened 7 other times in US History
B. Disability 1. The 22 nd Amendment provides two ways for the President to be replaced due to disability a. He declares himself unable to serve b. The Vice-President and a majority of the cabinet declare him unable to serve. 1.) If the President disagrees, 2/3rds of both houses of Congress must agree that he is unable to serve.
C.Resignation 1. Only 1 President has ever resigned from office –
Richard Nixon
D. The 4 th way is… Impeachment (with removal)
D. Impeachment (continued) 1. Article II, Section IV “The President, Vice President, and all civil officers of the United States shall be removed from office on impeachment for and conviction of, treason, bribery, or other high crimes and misdemeanors.” a.) What is a high crime or misdemeanor? b.) No one really knows for sure c.) It seems to be a serious abuse of power.
D. Impeachment (continued) 2. Impeachment means “bringing charges against” 3. Two Presidents have been impeached: a.) Andrew Johnson for violating the Tenure of Office Act b.) Bill Clinton for obstruction of Justice and lying under oath during a sexual harassment investigation. c.) Neither were removed from office.
D. Impeachment (continued) 4. The Impeachment Procedure a.) Only the House of Representatives can impeach (by a simple majority vote for “articles of Impeachment”) b.) The Senate then holds a trial and judges the case. c.) The Chief Justice of the Supreme Court presides over the trial d.) A 2/3rds vote of the senate convicts e.) The punishment is removal from office – That’s it (Further punishment can follow if he is also be arrested.)
II.Presidential Succession – The order in which a presidential vacancy is filled. A. The order was established by the Presidential Succession Act (1947) B. If the Presidency is vacated, the first person to take over (and actually become President) is…
1. The Vice President (currently Joe Biden)
2. The Speaker of the House (currently John Boehner)
3. The President Pro Tempore (currently Patrick Leahy)
4.) The Secretaries of the Cabinet Departments in the order that they were created in history a.) First would be.. Secretary of State (currently John Kerry)
4.) The Secretaries of the Cabinet Departments in the order that they were created in history b.) The second would be… The Secretary of the Treasury (currently Jack Lew)
4.) The Secretaries of the Cabinet Departments in the order that they were created in history c) The third would be… The Secretary of Defense (currently Chuck Hagel)
4.) The Secretaries of the Cabinet Departments in the order that they were created in history d) Followed by the Attorney General of the Justice Department, The Secretary of the Interior, And so on.