Download Document 2: The US Constitution – Amendment 22, “Presidential

Document 1: The U.S. Constitution – Article II, “The Executive Branch”
Section 1
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the
Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows: Each State
shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of
Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or
Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which
Day shall be the same throughout the United States.
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not
have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor
diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other
Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: "I do solemnly swear (or
affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability,
preserve, protect and defend the Constitution of the United States."
Section 2
The President shall be *Commander in Chief of the Army and Navy of the United States, and of the Militia of the several
States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal
Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he
shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of
Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the
Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session.
Section 3
He shall from time to time *give to the Congress Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, *convene
both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment,
he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he
* shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment
for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Document 2: The U.S. Constitution – Amendment 22, “Presidential Term Limits” – 1951
No person shall be elected to the office of the President more than twice, and no person who has held the office of
President, or acted as President, for more than two years of a term to which some other person was elected President
shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the
office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be
holding the office of President, or acting as President, during the term within which this Article becomes operative from
holding the office of President or acting as President during the remainder of such term.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures
of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
Notes
* Determines qualifications for ELECTION
* George Washington, Thomas Jefferson, James Madison and James Monroe – precedent set… (Constitutional
Convention desires?)
* U.S. Grant, Teddy Roosevelt (1901-1909 & 1912)… FDR! (Great Depression and WWII)
* 1980, Gerald Ford and Ronald Regan (ticket)
Questions
1.) What is the main change made in the 22nd amendment?
2.) Gwen Stefani will run for POTUS in the 2040 election (remember, her term will begin in 2041), her vice-presidential
running-mate will be Mr. Ankrom. If President Stefani dies in 2042 from being too beautiful, and Vice-President Ankrom
ascends to the Presidency, could Mr. President Ankrom run for 2 more full terms? Why or why not?
3.) Who didn’t this amendment apply to at the time?
4.) WHAT DO YOU THINK: Can a 2 term POTUS later serve as the Vice-President of the United States? (12th and service
vs. 22nd and election)
Document 3: United States Code – Title 3, Ch. 1, § 19P, “Presidential Succession Act of 1947”
Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act:

(a)
o
(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither
a President nor Vice President to discharge the powers and duties of the office of President, then the
Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in
Congress, act as President.
o
(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an
individual acting as President under this subsection.

(b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and
duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the
President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as
President.

(c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act
until the expiration of the then current Presidential term, except that o (1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of
both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President
or Vice President qualifies; and

o
(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of
the President or Vice President, then he shall act only until the removal of the disability of one of such
individuals.
o
(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no
President pro tempore to act as President under subsection (b) of this section, then the officer of the
United States who is highest on the following list, and who is not under disability to discharge the
powers and duties of the office of President shall act as President: Secretary of State, Secretary of the
Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture,
Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of
Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of
Education, Secretary of Veterans Affairs.
o
(2) An individual acting as President under this subsection shall continue so to do until the expiration of
the then current Presidential term, but not after a qualified and prior-entitled individual is able to act,
except that the removal of the disability of an individual higher on the list contained in paragraph (1) of
this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate
his service.
o
(3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection
shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to
act as President.
(d)

(e) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of
President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with
the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability,
or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of
Representatives at the time the powers and duties of the office of President devolve upon them.

(f) During the period that any individual acts as President under this section, his compensation shall be at the
rate then provided by law in the case of the President.
Vice Presidents who Became President
Vice President
Became President
Days as President
Re-election
John Tyler
Harrison died of pneumonia in 1842
1,430
Didn't run for President
Millard Fillmore
Taylor died in1850 from illness
969
Lost nomination.
Andrew Johnson
Lincoln assassinated in 1865
1,419
Failed to win the nominationin1868
Chester A. Arthur
Garfield was assassinated in 1881
1,262
Was not nominated
Theodore Roosevelt
McKinley was assassinated in 1901
1,267
Elected to a full term. Did not run in 1908.
Was defeated in 1912
Calvin Coolidge
Harding died of a heart attack in 1923
580
Elected to a full term. Did not run for a second
term.
Harry S. Truman
Roosevelt died of a cerebral
hemorrhage in 1945
1,379
Elected to a full term but did not run again.
Lyndon B. Johnson
Kennedy assassinated in 1963
425
Elected to a full term but didn't seek
reelection in 1968
Gerald R. Ford
Nixon resigned in 1974
895
Lost election to Jimmy Carter in 1976
Notes
* Past Succession acts (1792 and 1886) – set Speaker of the House and Pres. Pro tem. Precedent
* President attending an event with the Speaker of the House; President pro tempore and one Cabinet member does not
attend ("designated survivor") for that event
Questions
1.) President Katy Perry just passed away due to complications concerning her extreme beauty. According to the
Presidential Succession Act of 1947, who are the next 17 individuals in line for the Presidency? (yes, you have to list them
all)
2.) THINK ABOUT IT: Why is it not very likely that the United States would ever dip into the President’s cabinet while
looking to replace a President? (hint: “bumping”)
Document 4: The U.S. Constitution – Amendment 25, “Presidential Disability and Succession” –
1967
In case of the removal of the President from office or of his death or resignation, the Vice President shall become
President.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of Congress.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice
President as Acting President. *
* Whenever the Vice President and a majority of either the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the
House of Representatives their written declaration that the President is unable to discharge the powers and duties of his
office, the Vice President 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 of
Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless
the Vice President and a majority of either the principal officers of the executive department or of such other body as
Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of
the House of Representatives 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 the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in
session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses
that the President is unable to 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.
Notes
* Nixon and Watergate; Agnew, FORD, and Rockefeller (1973 and 1974)
* Reagan and H.W. Bush, 1985
* Bush and Cheney, 2002 and 2007
Questions
1.) What does the first clause in the 25th Amendment state?
2.) What does the second clause in the 25th Amendment state?
3.) How does the President discharge his/her powers to the Vice-President?
4.) President Beyonce Knowles has a fever, a terrible fever. She is just so hot it is driving her to early dementia. Her VicePresident, Kelly Rowland, does not believe that Ms. President Knowles is fit to serve as POTUS any longer. What can
Vice-President Rowland do to take over the job?
5.) From 1967 on, how would the Presidential Succession Act of 1947 conflict with the 25th Amendment? (think cabinet
members ascending to the Presidency)