Abstract
The presidential line of succession is a critical component of the United States government, designed to ensure continuity and stability in the executive leadership during crises. This Note examines the current statutory provisions concerning presidential succession to identify constitutional ambiguities and practical challenges that could undermine governmental operations during unforeseen emergencies.
Through a detailed analysis of historical instances, such as the incapacitation scenarios of past presidents and recent threats to government officials, including the COVID-19 pandemic and a rise in political violence, this Note highlights the risks posed by the existing succession framework. The ambiguity primarily revolves around the roles and powers of individuals next in line beyond the Vice President, namely the Speaker of the United States House of Representatives, the President pro tempore of the United States Senate, and the officers of the Cabinet, who may assume presidential duties. Legislative and academic analyses underscore the inconsistencies and gaps in the legal texts that guide these procedures. Ultimately, this Note argues for urgent reforms to clarify these ambiguities, proposing legislative amendments to solidify the succession process and reduce the potential for power vacuums that could lead to constitutional crises. The recommendations aim to align succession practices with contemporary needs for clear and effective leadership transitions amid crisis to ensure national stability and security.
Recommended Citation
Arian C. Rubio,
Next in Line: Addressing the Constitutional and Policy Problems with the Current Presidential Line of Succession,
58
U. Mich. J. L. Reform
509
(2025).
Available at:
https://repository.law.umich.edu/mjlr/vol58/iss2/6