Reading Room Document

Presidential succession

This document discusses the constitutional and statutory provisions governing succession to the Presidency. It covers the succession of the Vice President to the Presidency or to act as President, as well as the succession of an officer to act as President in the absence of a President and Vice President. The document raises questions about what constitutes inability, who determines when it exists, and in what capacity and for how long the Vice President would exercise the powers and duties of the President's office. It also discusses the constitutionality of the succession law, particularly in cases where there is neither a President nor Vice President. The conclusion reached is that there is serious doubt about the validity of the present succession law, and a proposed solution is to provide for a regular presidential election at the time of the mid-term Congressional election.

December 10, 1956