2. Presidential Succession and Impeachment

3. Presidential Succession
25th Amendment, 1967
If President cannot complete his term, the V.P. becomes President
Informal Amendment becoming formal
If Vice President’s office is vacant, the President appoints one with the approval of the House of Representatives and Senate.
8 Presidents have died in office and been succeeded.
All before 1967
What if a President doesn’t die but is incapacitated?
President can sign a piece of paper discharging office until he can return.

4. RICHARD NIXON & 25th Richard Nixon elected 1968 & 1972
His Vice President is Spiro Agnew
Agnew resigns in 1973 because of tax fraud charges
Nixon appointed Gerald Ford, House Minority Leader to be Vice President.
In 1974, Nixon Resigned because of the Watergate scandal
Gerald Ford becomes President
Ford appoints Nelson Rockefeller as Vice President
For the first, and only time, in American history, the neither the President or Vice-President were popularly elected.

5. Removal of President
The President and Vice President may only be removed from office upon conviction or impeachment for “high crimes and misdemeanors”
The Constitution specifically calls for the Congress to be responsible for impeachment of government officials.
Only two Presidents have been impeached in American History.
None have been removed from office.

6. Removal of President Process:
Charges of impeachment are brought against the President by the House of Representatives.
This is the same as a criminal indictment.
A simple majority of the House is needed to bring charges.
The Senate then serves as a jury for the “trial”
Witnesses are brought against the President and testimony is heard.
The Chief Justice of the Supreme Court presides over the “trial”
A 2/3 vote of the Senate is needed to convict a President.
If convicted the President is removed from office immediately.

7. Impeachments in History
Andrew Johnson: 17th President (1865 – 1869)
Democrat, impeached in 1868 for allegedly violating the Tenure of Office Act.
He was impeached by the House and later acquitted by the Senate.
Acquitted by one vote.
Bill Clinton: 42nd President ( )
Democrat, charges in 1998 with perjury and obstruction of justice
Trial in the Senate failed to convict Clinton; acquitted
While these two are the only actual charges many Presidents have been threatened with impeachment.