Acting President of the United States

Acting President of the United States is a temporary office in the government of the United States , establishedunder the auspices of the Twenty-fifth Amendment to the United States Constitution (ratifiedin 1967 ).

Origin of the Position: Constitution (1787)

Article II ,Section 1 of the Constitution endeavored to establish the position of Acting President. Unfortunately the wording of the clauseintended to do so was more confusing than clarifying. It reads:

"In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powersand duties of the said office, the same shall devolve upon 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 suchofficer shall act accordingly, until the disability be removed, or a President shall be elected."

Questions Raised

The constitutional text raised several questions regarding the possibility of someone serving as an Acting President, and infact these questions likely prevented it from ever happening:

• Did the phrase "the same shall devolve upon the Vice President" refer to the office of President, or simply to its powers andresponsibilities?
• Under what specific conditions does a Vice President (or any other officer) become Acting President?

Possible Answers

Despite the ambiguity for some, to others, Article I, section 2, of the Constitution appears to very clearly answer thequestion of whether the Office of the Presidency itself, or merely its powers, devolved to the Vice Presidentupon succession.

The relevent text reads:

"The Vice President of the United States shall be President of the ::Senate, but shall have no vote, unless they beequally divided.

The Senate shall choose their other officers, and also a President pro ::tempore, in the absence of the Vice President,or when he shall exercise the office of President of the United States."

Thus, the 25th Amendment merely restates and reaffirms the validity of existing precedent, apart from adding valuable newprotocols for presidential disability. But, of course, not everyone agreed with this interpretation when it was first put to thetest, and it was left to John Tyler, the first Presidential successor in US history, to establish the precedent that wasrespected in the absence of the 25th Amendment.

Presidential Succession Precedent

Any question regarding the Vice President succeeding to the presidency was for all intent and purpose resolved in April 1841 when John Tyler succeeded William HenryHarrison upon Harrison's death. Tyler made it clear that he was the President rather than the Vice President acting as such,and that precedent was applied until ratification of the 25th amendment in 1967 .

Presidential Disability Prior to 1967

The questions raised regarding a potential Acting President was raised several times during the nation's history due topresidential incapacities. In each case, the Vice President (or other officer) did not act as President, no doubt in large partdue to the lack of a set process for establishing the office.

Among the cases where a president was disabled include:

• In 1868 , following the impeachment of President Andrew Johnson and during his subsequent trial. Though Johnson was ultimately acquitted, a case could bemade that during this period he should not have been permitted to exercise his constitutional authorities. The office of VicePresident being vacant however, Senate President Pro Tempore Benjamin Franklin Wade would have been the person called upon to act as President upon Johnson'simpeachment. Seeing as how Wade was among those who sat in judgment of President Johnson, however, a declaration of disabilitycould have been seen as akin to an outright coup d'etat by Congress.
• On July 2 , 1881 , President James Garfield was shot by an assassin. Though Garfield would live another 80days, most of this time he was under heavy sedation and incapable of discharging his presidential tasks. Vice President Chester Arthur , however, did not act as President during this period, as therewas no apparatus in place for installing him into such a position.
• On June 13 , 1893 , President Grover Cleveland underwent two operations to remove a rather significantlysized cancerous tumor from his upper jaw. The American people did not learn of this disability until 1918 however, well after Cleveland's term (and Cleveland himself, for that matter) had expired.
• On September 6 , 1901 , President William McKinley was shot by an assassin. During the next ensuingeight days (until his death), Vice President Theodore Roosevelt could have assumed the nation's leadership as Acting President, but again no apparatus for installing him was in place.
• On September 25 , 1919 , President Woodrow Wilson suffered a slight stroke. Later, on October 2 , he suffered a massive, debilitating stroke which left him partially paralyzedand completely incapacitated. Rather than transfer presidential authorities to Vice President Thomas Riley Marshall , Wilson's condition was hidden from the Vice President, the cabinet,Congress and the public. For the remainder of Wilson's second term, he was kept physically isolated so as not to alert anyone ofhis disability.
• Throughout the presidency of Dwight Eisenhower , there wereseveral instances where the president was disabled, the most severe of which occurred in September , 1955 when Eisenhower suffered a heart attack while on vacation.He also suffered serious health issues in 1956 and 1957 . In each case, Vice President Richard Nixon did carry outsome of Eisenhower's presidential responsibilities, but full presidential authority (such as signing bills into law, for example)remained solely with Eisenhower.

25th Amendment

The 25th amendment , ratified in 1967 , clears up many of the issues which surrounded presidential succession and incapacity. Section 1 made it clearthat in the event of a vacancy in the office of President, the Vice President succeeds to the office, while Section 2 establisheda procedure for filling Vice Presidential vacancies.

Pertinent Text of the Amendment

Section 3.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representativeshis written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them awritten declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such otherbody as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House ofRepresentatives their written declaration that the President is unable to discharge the powers and duties of his office, the VicePresident shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House ofRepresentatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless theVice President and a majority of either the principal officers of the executive department or of such other body as Congress mayby law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House ofRepresentatives their written declaration that the President is unable to discharge the powers and duties of his office.Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If theCongress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, withintwenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unableto discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President;otherwise, the President shall resume the powers and duties of his office.

Self-Declared Incapacity

Section 3 of the amendment set forth a procedure whereby a President who believes he will be temporarily unable to perform theduties of his office may declare himself "unable to discharge the powers and duties of his office."

Upon this declaration, which is transmitted in writing to the Speaker of the House of Representatives and the President Pro Tempore of the Senate , the Vice President becomes ActingPresident. The Vice President continues to act as President until the President declares, by another letter to the leaders ofeach house of Congress, that he's again able to discharge the powers and duties of the presidency.

Incapacity Declared by Vice President and Cabinet

Section 4 of the amendment sets forth a second procedure establishing presidential incapacity. This second method allows theVice President, together with a majority of the members of the President's cabinet, to declare the President disabled.

Upon this declaration, which is transmitted in writing to the Speaker of the House of Representatives and the President Pro Tempore of the Senate , the Vice President immediately becomesActing President. The Vice President continues to act as President until the President declares, by another letter to the leadersof each house of Congress, that he's again able to discharge the powers and duties of the presidency. The Vice President and thecabinet may countermand that declaration however, whereupon Congress must convene in emergency session to decide who shalldischarge the powers and responsibilities of the presidency.

Ostensibly to be used in the event of a President's complete mental or physical disability, this method of transferringpresidential power has never been used - no doubt in part because it could appear to the American public as a "legal coup d'etat . In cases such as the 1981 assassination attempt on President Ronald Reagan or the 1998 impeachment of President WilliamJ. Clinton however, this method of designating an Acting President could have been justified.

Authorities

An Acting President has identical constitutional authorities and responsibilities as would an elected President. He may signbills into law, petition Congress for a declaration of war, or perform any other presidential task or responsibility. An ActingPresident is even addressed as "Mr. President" during his service.

Term of Service

An Acting President serves until:

• The President transmits "his written declaration" to the Speaker of the House of Representatives and the President ProTempore of the Senate , declaring that his period of incapacity has ended; or,
• At the expiration of the term for which the elected President was chosen, whereupon the President-elect would take office;or,
• The death, resignation or removal of the President. In this case a Vice President acting as President would succeed to theoffice. Any other officer acting as President, however, would (per current federal law) serve out the remainder of thepresidential term as Acting President.

History of Acting Presidents

Only twice in American history has someone acted as President. In both cases, the self-declared incapacity method was used bya President to voluntary transfer presidential authority to his Vice President:

• On July 13 , 1985 , President Ronald Reagan underwent surgery to remove cancerous polyps from his colon. Priorto undergoing surgery, he transmitted a letter to the Speaker of the House and the President pro Tempore of the Senate declaringhis incapacity. Vice President George H. W. Bush then acted asPresident from 11:28 a.m. until 7:22 p.m., when Reagan transmitted a second letter resuming the powers and duties of the office.Text of Reagan transfer of power letters.
• On June 29 , 2002 , President George W. Bush declared himself temporarily unable to discharge the powers andduties of the office prior to undergoing a colonoscopy which requiredsedation. Vice President Dick Cheney acted as President for a little over twohours that day (from 7:09 a.m. to 9:24 a.m.), whereupon Bush transmitted a second letter advising resuming the powers and dutiesof the office. Text of Bush transfer of power letters.

See also: Acting (law)

For More Information

• US Code: Title 3, Chapter 1, Section 19
• Presidential Line of Succession Examined , September 20,2003