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Presidential Succession

president, death, removal and inability

PRESIDENTIAL SUCCESSION, the order in which a vacancy in the office of the President of the United States can be filled pending a new election. The 49th Congress passed a measure entitled Act to provide for the performance of the duties of the office of President in the case of removal, death, resignation or inability both of the President and Vice-President.° The measure was ap proved by the President 19 Jan. 1886. The text is as follows: 1. Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That in case of removal, or inability of both the President and Vice- ent of the United States, the Secretary of State, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Treasury, or if there be none, or in case of his removal, death. resignation, or inability, then the Secretary of War, or if there be none, or in case of his re moval. death, resignation, or inability, then the Attorney. General, or if there be none, or in case of his removal. death. resignation, or inability, then the Postmaster-General, or if there be none, or in case of his removal, death, miguation. or inability, then the Secretary of the Navy, or if there be none, or in case of his removal, death, resignation, or in ability, then the Secretary of the Interior, shall act as Presi dent till the disability of the President or Vice-President is removed or a President shall be elected: Provided. That

whenever the powers and duties of the office of President of the United States shall devolve on any of the persona named herein, if Congress be not then in session, or if it would not meet in accordance with law within 20 days thereafter, it shall be the duty of the person on whom said powers and duties shall devolve to issue a proclamation convening Congress in extraordinary session, giving 20 days' notice of the time of meeting.

I} 2. That the preceding section shall only be held to describe and apply to such officers as shall have been ap pointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the constitution, and not under impeach ment by the House ofntatives of the United States at the time the powers and duties of the office shall devolve upon them respectively.

Consult Hamlin, C. S., 'The Presidential Succession Act of 1886' (in Harvard Law Review, Vol. XVIII, p. 182, Cambridge 1905); Willoughby, W. W., (Constitutional Law of the United States) (2 vols., New York 1910).