1. Who’s in Charge Here? Article II – the 20 th and 25 th Amendments

2. Presidential Inauguration The 12 th Amendment established that the President should take the oath of office on March 4, following the November election – March 4 had been the traditional date (unless it fell on a Sunday) – Washington was first inaugurated on April 30, 1789 While this was practical in the late 18 th and 19 th centuries, it created an extended “lame duck” term of office for the President

3. National Crises and the Lame Duck Term  November 6, 1860 – Lincoln Elected  December 20, 1860 – South Carolina seceded from the Union  Jan. 9, 1861 – Mississippi seceded  Jan. 10, 1861 – Florida seceded  Jan. 11, 1861 – Alabama seceded  Jan.19, 1861 – Georgia seceded  Jan 26, 1861 – Louisiana seceded  March 2, 1861 – Texas seceded  March 4, 1861 – Lincoln Inaugurated  April 12, 1861 – South Carolina Militia fires on Ft. Sumter  July 21, 1861 – First Battle of Bull Run (Manassas) – 1 st Major battle of US Civil War Lincoln – Election Timeline

4. FDR and the Great Depression October 29, 1929 - Black Tuesday December, 1931 – unemployment at 15.9% July 8, 1932 - the Dow reached its lowest level of the 20th century and did not return to pre-1929 levels until November 1954. End of 1932- unemployment rises to 23.6 percent. November 8, 1932 – Roosevelt Elected March 4, 1933 – Inauguration

5. 20 th Amendment- January 23, 1933 (Timing is everything) The President’s term will end at noon – January 20 th - this will eliminate the long lame duck time period. The term of Senators and Representatives will end at noon on January 3 rd If the President elect has died between the dates of election and inauguration – the Vice-President elect shall be President

6. February 15, 1933 Assassination or attempt? FDR ready to take office on March 4, 1933 President Garner? Giuseppe Zangara shoots Cermak while shaking hands with FDR in Miami Anton Cermak Mayor of Chicago killed FDR – target? If killed – John Nance Garner would be VP elect Capone involved? Cermak was going to “clean up crime” in Chicago 20th Amendment nearly put to the test

7. What happens if the President dies or leaves office? In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President – Article II of the Constitution Eight Presidents have died in office One President has resigned in office

8. Precedent set by Tippecanoe and Tyler Too William Henry Harrison dies a month into his Presidency in 1841 of Pneumonia There are disagreements whether Tyler is merely the acting President or to become the President John Tyler Asserts he is the President, is administered the oath of office and then confirmed later by Congress when it convened. Established the Precedent for Presidential Succession

9. Food Poisoning ? Cholera? Assassinated Stroke Cerebral Hemorrhage NixonTaylorLincolnGarfield McKinleyHardingRooseveltKennedy Resigned Presidents that have left or died in office

10. Presidential Succession Act of 1947 Added the Speaker next and then the President Pro- tempore From there the members of the Cabinet in order of their inclusion on the Cabinet – beginning with the Secretary of State If a person in the Cabinet does not have the requisites for President they are removed from the succession

11. 1. Vice PresidentJoe Biden 2 Speaker of the HousePaul Ryan 3. President Pro Tempore Orrin Hatch 4. Secretary of StateJohn Kerry 5. Secretary of the TreasuryJack Lew 6. Secretary of DefenseAshton Carter 7. Attorney GeneralLoretta Lynch 8. Secretary of the InteriorSally Jewell 9. Secretary of AgricultureTom Vilsack 10. Secretary of CommercePenny Pritzker 11. Secretary of LaborThomas Perez 12. Secretary of Health and Sylvia Mathews Burwell Human Services 13. Secretary of HUDJulian Castro 14. Secretary of TransportationAnthony Foxx 15. Secretary of EnergyErnest Moniz 16. Secretary of EducationArne Duncan 17. Secretary of Veteran’s AffairsRobert McDonald 18. Secretary of Homeland SecurityJeh Johnson Current Presidential Succession

12. What about the Vice – President? Originally, if the Vice-President left office there was no Constitutional provision for replacement The Vice Presidency was left vacant 16 times, Eight (8) times due to the death of the sitting president, resulting in the Vice Presidents becoming President Seven (7) times due to the death of the sitting Vice President Once due to the resignation of a Vice President to run for the Senate

13. What if the President were temporarily disabled? Eisenhower – Heart Attack – 1955 Stroke – 1957 "Either I run this damn show, or I'll resign." Wilson – Stroke – 1919 Is partially paralyzed – bedridden for 17 months Edith Wilson and Dr. VP Nixon waiting in the wings Dr Grayson – hid the truth Edith Wilson – First Female “Acting President?” Nixon and Eisenhower had a secret agreement

14. Dying, but not yet – Who’s in charge? Died 9 hours after he was shot Died eleven weeks after being shot Edwin Stanton takes control – sending Mary Todd Lincoln away Many Americans thought he was involved – stayed away while Garfield was ailing I did it and I want to be arrested! Arthur is President now

15. Ratification of the 25 th Amendment - 1967 If the President dies, resigns or otherwise leaves office, the Vice President will become the President If the Vice Presidency is vacant, the President may nominate a replacement to be confirmed by Congress If the President notifies the Speaker and the President Pro-tempore that he/she is unable to discharge the duties of President the VP is the Acting President If the Speaker and President Pro-tempore are notified by the VP and others in the Executive branch that the President is unable to discharge their duties, the VP will be the acting President until notified in writing by the President

16. What if both the President and Vice- President were out of commission ? Shot and in Surgery In the Air over Texas “I’m in Charge” "the helm is right here. And that means right in this chair for now, constitutionally, until the vice president gets here." March 30, 1981 WHO HAS THE FOOTBALL?

17. The Real Football

18. The State of the Union Address “ He shall from time to time give to Congress information of the State of the Union and recommend to their Consideration such measures as he shall judge necessary and expedient” – Article II, Section three Traditionally delivered the Last Wednesday in January – except in the term of a newly inaugurated President – titled “State of the Union” since FDR Addressed to a joint session of Congress President must be invited formally to enter the House Who Attends? House of Representatives and the full Senate President’s Cabinet Members of the Supreme Court Special guests – visiting dignitaries

20. State of the Union – who is missing? Traditionally – one cabinet member stays away from the State of the Union Address to preserve the integrity of the order of Presidential Succession Since 9/11 – some members of the House and Senate are required to stay away as well http://www.presidency.ucsb.edu/sou_cabinet.php

21. Inauguration – tradition of civil transfer of power