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CHAPTER VII.
ОглавлениеPresidential 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.