Presidential Succession.
The provisions of the Constitution regarding the Presidential
succession, in case of the death or resignation of both President and
Vice-President, are: "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 devolve on the
Vice-President, and the Congress may by law provide for the case of
removal, death, resignation, or inability both of the President and
Vice-President, declaring what officer shall then act as President, and
such officer shall act accordingly until the disability be removed or a
President shall be elected." (Article II, section 6.)
In pursuance of the power thus granted to it in the last half of this
section, Congress in 1792 passed an act declaring that in case of the
death, resignation, etc., of both the President and Vice-President, the
succession should be first to the President of the Senate and then to
the Speaker of the House.
This order was changed by the act of 1886, which provided that the
succession to the presidency should be as follows:
1. President.
2. Vice-President.
3. Secretary of State.
4. Secretary of the Treasury.
5. Secretary of War.
6. Attorney-General.
7. Postmaster-General.
8. Secretary of the Navy.
9. Secretary of the Interior.
In all cases the remainder of the four-years' term shall be served out.
This act also regulated the counting of the votes of the electors by
Congress, and the determination of who were legally chosen electors.
Note.--The Constitution made no provision in case of a contested
election, or when no one should be elected. Such a contingency seemed to
have been overlooked in the framing of the Constitution.