Cowboys, Congress, And Conspiring Against The Voters
This writer is no lawyer, but there is nothing that gives Donald Rumsfeld the authority to change the order of succession to the Presidency of the United States of America in either the Presidential Succession Act of 1792, the Presidential Succession Act of 1947(Amended), or the XV Amendment (1967) to the Constitution of the United States of America, and if there exists legal precedent we need to change it immediately.
The amount of hubris in this arbitrary decision by Donald Rumsfeld to change the order of Presidential Succession based on his (or his bosses’) whims is incomprehensible.
What is also incomprehensible is the meek reporting of this matter in light of the seriousness that is implied in tampering with established succession without benefit of influence from Congress.
We, the People, did not elect Donald Rumsfeld. He is the political appointee of an increasingly traitorous administration. Rumsfeld has no right to change these matters, yet true to the Bush Method of Democracy, he has changed the order of succession for the President of the United States of America merely because he wants to create an auspicious climate for whatever hidden agenda remains in play following the potential trials of an increasingly large number of Bush appointees.
This administration is corrupt from the ground up and that becomes a more realistic premise every day. However, when it comes to tampering with the Constitution and her amendments (if that is indeed the case in this instance) then we need to be screaming “FOUL” at the top of our lungs.
Hopefully, lawyers will be inspecting this latest bull-headed and moronic attempt to alter the fabric of the Constitution and if there is any chance for the Bush Administration to gain an advantage in pursuing their dangerously Fascist agenda, then those lawyers—and Congress— will “cut the cowboys off at the pass” before democracy in America is rustled like cattle in a John Wayne Western.
___________________________________________________________________
Saturday, December 31, 2005 - 12:00 AM
Rumsfeld alters succession
By Josh WhiteThe Washington Post
WASHINGTON — There is a new pecking order at the Pentagon should Defense Secretary Donald Rumsfeld not be able to perform his duties, one that favors his inner circle and pushes the three service secretaries down the line of succession.
The new list — approved by President Bush last week — still has Rumsfeld's top deputy as his replacement should the defense secretary die or resign.
But it now puts the undersecretaries for intelligence, policy and acquisition next in line, bumping the secretaries of the Army, Air Force and Navy into lower slots.
The secretary of the Army has traditionally been No. 3.
While the change does not have much impact on day-to-day matters, military experts said it illustrates Rumsfeld's interest in keeping his top advisers in line to run the department in the event of a catastrophe. Pentagon officials have said the move keeps defense policymakers who are responsible for broad departmental issues at the top of the line, moving down those civilian leaders who have specific concentrations on one of the services.
Bryan Whitman, a Pentagon spokesman, said this week that the moves allow people who are "in a position to have a broader perspective on the department overall" to take over the entire Defense Department if needed. He said that while the service secretaries have deep knowledge, they are more narrowly focused on military matters, such as training and equipping troops.
"They have shifted the line of succession from people who run particular parts of the Pentagon to policymakers who see the entire defense posture," said Loren Thompson, an expert at the Lexington Institute.
He said senior administration officials are preoccupied with what would happen in the event a large-scale attack — such as a nuclear explosion — were to occur in Washington, and that matters of succession have become an important topic. "It has as much urgency today as it did during the Cold War," he said.
The move gives Stephen Cambone, undersecretary for intelligence, second billing after acting Deputy Secretary of Defense Gordon England, who has not been confirmed as deputy secretary. England gave up his position as secretary of the Navy on Thursday after serving in both roles for the past eight months, according to the Pentagon.
Michael O'Hanlon, a defense expert at the Brookings Institution, said Rumsfeld often pays attention to such "symbolic issues" to send a message.
"Rumsfeld doesn't do things randomly," O'Hanlon said. "His inner circle is the key group."
Edwin Dorn, a professor of public affairs at the University of Texas at Austin and a former undersecretary of defense for personnel and readiness, said the change in succession intrigues him because the relatively new intelligence position appears to outrank everyone else.
He said he wondered if the department is trying to emphasize intelligence matters over ground forces.
"Obviously Rumsfeld believes intelligence is more important than war fighting," Dorn said.
Copyright © 2005 The Seattle Times Company
__________________________________________________________________
(Rumsfeld’s New Order of Succession)
Pentagon power listThe new order of succession for the Defense Department if something happens to the secretary:
Deputy Secretary of Defense/Acting Deputy: Gordon England
Undersecretary for Intelligence: Stephen Cambone
Undersecretary for Policy: former Ambassador Eric Edelman
Undersecretary for Acquisition, Technology and Logistics: Kenneth Krieg
Army Secretary: Francis Harvey
Air Force Secretary: Michael Wynne
Navy Secretary: Donald Winter (confirmed by the Senate; scheduled to be sworn in Tuesday)
Undersecretary of Personnel and Readiness and the Defense Comptroller: David Chu and Tina Jonas
The Washington Post
(Former Order of Succession)
Department of Defense
· Office of the Secretary, The Pentagon (20301-1155)
· Established: July 26, 1947, as National Military Establishment; name changed to Department of Defense on Aug. 10, 1949. Subordinate to Secretary of Defense are Secretaries of Army, Navy, Air Force.
· Function: Oversees everything related to the nation's military security; directs the Army, Navy, Marine Corps, and Air Force, as well as the Joint Chiefs of Staff and several specialized combat commands; nonmilitary responsibilities including flood control, development of oceanographic resources, and management of oil reserves.
· Secretary: Donald H. Rumsfeld
· Deputy Secretary: Gordon R. England (acting)
· Secretary of Army: Dr. Francis J. Harvey
· Secretary of Navy: Gordon R. England
· Secretary of Air Force: Pete Geren (acting)
· Commandant of Marine Corps: Gen. Michael W. Hagee
Joint Chiefs of Staff: Gen. Peter Pace, Marine Corps, Chairman; Adm. Edmund P. Giambastiani, Jr., Navy, Vice Chairman; Gen. Peter J. Schoomaker, Army; Adm. Vernon E. Clark, Navy; Gen. T. Michael Moseley, Air Force; Gen. Michael W. Hagee, Marine Corps
Information Please® Database, © 2005 Pearson Education, Inc. All rights reserved.
http://www.infoplease.com/ipa/A0101032.html
Order of Presidential Succession
According to the Presidential Succession Act of 1792, the Senate president pro tempore1 was next in line after the vice president to succeed to the presidency, followed by the Speaker of the House.
In 1886, however, Congress changed the order of presidential succession, replacing the president pro tempore and the Speaker with the cabinet officers. Proponents of this change argued that the congressional leaders lacked executive experience, and none had served as president, while six former secretaries of state had later been elected to that office.
The Presidential Succession Act of 1947, signed by President Harry Truman, changed the order again to what it is today. The cabinet members are ordered in the line of succession according to the date their offices were established.
Prior to the ratification of the 25th Amendment in 1967, there was no provision for filling a vacancy in the vice presidency. When a president died in office, the vice president succeeded him, and the vice presidency then remained vacant. The first vice president to take office under the new procedure was Gerald Ford, who was nominated by Nixon on Oct. 12, 1973, and confirmed by Congress the following Dec. 6.
The Vice President Richard Cheney
Speaker of the House John Dennis Hastert
President pro tempore of the Senate1 Ted Stevens
Secretary of State Condoleezza Rice
Secretary of the Treasury John Snow
Secretary of Defense Donald H. Rumsfeld
Attorney General Alberto Gonzales
Secretary of the Interior Gale A. Norton
Secretary of Agriculture Mike Johanns
Secretary of Commerce Carlos Gutierrez2
Secretary of Labor Elaine Chao3
Secretary of Health and Human Services Mike Leavitt
Secretary of Housing and Urban Development Alphonso Jackson
Secretary of Transportation Norman Yoshio Mineta
Secretary of Energy Samuel Bodman
Secretary of Education Margaret Spellings
Secretary of Veterans Affairs Jim Nicholson
Secretary of Homeland Security4 Michael Chertoff
NOTE: An official cannot succeed to the Presidency unless that person meets the Constitutional requirements.
1. The president pro tempore presides over the Senate when the vice president is absent. By tradition the position is held by the senior member of the majority party.
2. Carlos Gutierrez was born in Cuba and is ineligible.
3. Elaine Chao was born in Taiwan and is ineligible.
4. In late July 2005, the Senate passed a bill moving the Homeland Security secretary to number 8 on the list. The bill is awaiting House approval.
Amendment XXV
(The proposed amendment was sent to the states July 6, 1965, by the Eighty-ninth Congress. It was ratified Feb. 10, 1967.)
Section 1
[Succession of vice president to presidency.]
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2
[Vacancy in office of vice 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.
Section 3
[Vice president as acting president.]
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.
Section 4
[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.
Presidential Succession Act of 1947 (Amended)
(As Amended)
US Code as of: 01/23/00
Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act
(a)
(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.
(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 -
(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
(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.
(d)
(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.
(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.
(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.
(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.
The legal reference to the Presidential Succession Act of 1947 is 61 Stat. 380; 3 U.S.C. 19.
Sources:
Legal Information Institute of Cornell Law School
Congressional Research Service
________________________________________________________________
December 31, 2005
Editorial
Conspiring Against the Voters
President Bush has announced four nominees for the Federal Election Commission, moving to keep the policing of campaign abuses firmly in the hands of party wheel horses. The timing of the announcement - the president waited until the Senate had gone home - is likely to allow the nominees to avoid the full hearing and confirmation process needed to evaluate them properly.
The most objectionable nominee is Hans von Spakovsky, a former Republican county chairman in Georgia and a political appointee at the Justice Department. He is reported to have been involved in the maneuvering to overrule the career specialists who warned that the Texas gerrymandering orchestrated by Representative Tom DeLay violated minority voting rights. Senators need the opportunity to delve into that, as well as reports of Mr. von Spakovsky's involvement in such voting rights abuses as the purging of voter rolls in Florida in the 2000 elections.
The need for a clean broom at the six-member election panel becomes clearer with each new round of decisions favoring big-money politics over the voters. But the newly nominated majority promises no improvement. In fact, the slate would mean an end to the service of Scott Thomas, the one incumbent praised for his independence by Senator John McCain, who has campaigned for a clean, hack-free Federal Election Commission.
Both parties suggested candidates; the Democrats include a union lawyer and a trusted political associate of the Senate minority leader, Harry Reid. By endorsing them, the president has finally shown his commitment to bipartisanship in the worst of ways: by installing another undistinguished group of factotums to referee the democratic process.
· Copyright 2005The New York Times Company
The amount of hubris in this arbitrary decision by Donald Rumsfeld to change the order of Presidential Succession based on his (or his bosses’) whims is incomprehensible.
What is also incomprehensible is the meek reporting of this matter in light of the seriousness that is implied in tampering with established succession without benefit of influence from Congress.
We, the People, did not elect Donald Rumsfeld. He is the political appointee of an increasingly traitorous administration. Rumsfeld has no right to change these matters, yet true to the Bush Method of Democracy, he has changed the order of succession for the President of the United States of America merely because he wants to create an auspicious climate for whatever hidden agenda remains in play following the potential trials of an increasingly large number of Bush appointees.
This administration is corrupt from the ground up and that becomes a more realistic premise every day. However, when it comes to tampering with the Constitution and her amendments (if that is indeed the case in this instance) then we need to be screaming “FOUL” at the top of our lungs.
Hopefully, lawyers will be inspecting this latest bull-headed and moronic attempt to alter the fabric of the Constitution and if there is any chance for the Bush Administration to gain an advantage in pursuing their dangerously Fascist agenda, then those lawyers—and Congress— will “cut the cowboys off at the pass” before democracy in America is rustled like cattle in a John Wayne Western.
___________________________________________________________________
Saturday, December 31, 2005 - 12:00 AM
Rumsfeld alters succession
By Josh WhiteThe Washington Post
WASHINGTON — There is a new pecking order at the Pentagon should Defense Secretary Donald Rumsfeld not be able to perform his duties, one that favors his inner circle and pushes the three service secretaries down the line of succession.
The new list — approved by President Bush last week — still has Rumsfeld's top deputy as his replacement should the defense secretary die or resign.
But it now puts the undersecretaries for intelligence, policy and acquisition next in line, bumping the secretaries of the Army, Air Force and Navy into lower slots.
The secretary of the Army has traditionally been No. 3.
While the change does not have much impact on day-to-day matters, military experts said it illustrates Rumsfeld's interest in keeping his top advisers in line to run the department in the event of a catastrophe. Pentagon officials have said the move keeps defense policymakers who are responsible for broad departmental issues at the top of the line, moving down those civilian leaders who have specific concentrations on one of the services.
Bryan Whitman, a Pentagon spokesman, said this week that the moves allow people who are "in a position to have a broader perspective on the department overall" to take over the entire Defense Department if needed. He said that while the service secretaries have deep knowledge, they are more narrowly focused on military matters, such as training and equipping troops.
"They have shifted the line of succession from people who run particular parts of the Pentagon to policymakers who see the entire defense posture," said Loren Thompson, an expert at the Lexington Institute.
He said senior administration officials are preoccupied with what would happen in the event a large-scale attack — such as a nuclear explosion — were to occur in Washington, and that matters of succession have become an important topic. "It has as much urgency today as it did during the Cold War," he said.
The move gives Stephen Cambone, undersecretary for intelligence, second billing after acting Deputy Secretary of Defense Gordon England, who has not been confirmed as deputy secretary. England gave up his position as secretary of the Navy on Thursday after serving in both roles for the past eight months, according to the Pentagon.
Michael O'Hanlon, a defense expert at the Brookings Institution, said Rumsfeld often pays attention to such "symbolic issues" to send a message.
"Rumsfeld doesn't do things randomly," O'Hanlon said. "His inner circle is the key group."
Edwin Dorn, a professor of public affairs at the University of Texas at Austin and a former undersecretary of defense for personnel and readiness, said the change in succession intrigues him because the relatively new intelligence position appears to outrank everyone else.
He said he wondered if the department is trying to emphasize intelligence matters over ground forces.
"Obviously Rumsfeld believes intelligence is more important than war fighting," Dorn said.
Copyright © 2005 The Seattle Times Company
__________________________________________________________________
(Rumsfeld’s New Order of Succession)
Pentagon power listThe new order of succession for the Defense Department if something happens to the secretary:
Deputy Secretary of Defense/Acting Deputy: Gordon England
Undersecretary for Intelligence: Stephen Cambone
Undersecretary for Policy: former Ambassador Eric Edelman
Undersecretary for Acquisition, Technology and Logistics: Kenneth Krieg
Army Secretary: Francis Harvey
Air Force Secretary: Michael Wynne
Navy Secretary: Donald Winter (confirmed by the Senate; scheduled to be sworn in Tuesday)
Undersecretary of Personnel and Readiness and the Defense Comptroller: David Chu and Tina Jonas
The Washington Post
(Former Order of Succession)
Department of Defense
· Office of the Secretary, The Pentagon (20301-1155)
· Established: July 26, 1947, as National Military Establishment; name changed to Department of Defense on Aug. 10, 1949. Subordinate to Secretary of Defense are Secretaries of Army, Navy, Air Force.
· Function: Oversees everything related to the nation's military security; directs the Army, Navy, Marine Corps, and Air Force, as well as the Joint Chiefs of Staff and several specialized combat commands; nonmilitary responsibilities including flood control, development of oceanographic resources, and management of oil reserves.
· Secretary: Donald H. Rumsfeld
· Deputy Secretary: Gordon R. England (acting)
· Secretary of Army: Dr. Francis J. Harvey
· Secretary of Navy: Gordon R. England
· Secretary of Air Force: Pete Geren (acting)
· Commandant of Marine Corps: Gen. Michael W. Hagee
Joint Chiefs of Staff: Gen. Peter Pace, Marine Corps, Chairman; Adm. Edmund P. Giambastiani, Jr., Navy, Vice Chairman; Gen. Peter J. Schoomaker, Army; Adm. Vernon E. Clark, Navy; Gen. T. Michael Moseley, Air Force; Gen. Michael W. Hagee, Marine Corps
Information Please® Database, © 2005 Pearson Education, Inc. All rights reserved.
http://www.infoplease.com/ipa/A0101032.html
Order of Presidential Succession
According to the Presidential Succession Act of 1792, the Senate president pro tempore1 was next in line after the vice president to succeed to the presidency, followed by the Speaker of the House.
In 1886, however, Congress changed the order of presidential succession, replacing the president pro tempore and the Speaker with the cabinet officers. Proponents of this change argued that the congressional leaders lacked executive experience, and none had served as president, while six former secretaries of state had later been elected to that office.
The Presidential Succession Act of 1947, signed by President Harry Truman, changed the order again to what it is today. The cabinet members are ordered in the line of succession according to the date their offices were established.
Prior to the ratification of the 25th Amendment in 1967, there was no provision for filling a vacancy in the vice presidency. When a president died in office, the vice president succeeded him, and the vice presidency then remained vacant. The first vice president to take office under the new procedure was Gerald Ford, who was nominated by Nixon on Oct. 12, 1973, and confirmed by Congress the following Dec. 6.
The Vice President Richard Cheney
Speaker of the House John Dennis Hastert
President pro tempore of the Senate1 Ted Stevens
Secretary of State Condoleezza Rice
Secretary of the Treasury John Snow
Secretary of Defense Donald H. Rumsfeld
Attorney General Alberto Gonzales
Secretary of the Interior Gale A. Norton
Secretary of Agriculture Mike Johanns
Secretary of Commerce Carlos Gutierrez2
Secretary of Labor Elaine Chao3
Secretary of Health and Human Services Mike Leavitt
Secretary of Housing and Urban Development Alphonso Jackson
Secretary of Transportation Norman Yoshio Mineta
Secretary of Energy Samuel Bodman
Secretary of Education Margaret Spellings
Secretary of Veterans Affairs Jim Nicholson
Secretary of Homeland Security4 Michael Chertoff
NOTE: An official cannot succeed to the Presidency unless that person meets the Constitutional requirements.
1. The president pro tempore presides over the Senate when the vice president is absent. By tradition the position is held by the senior member of the majority party.
2. Carlos Gutierrez was born in Cuba and is ineligible.
3. Elaine Chao was born in Taiwan and is ineligible.
4. In late July 2005, the Senate passed a bill moving the Homeland Security secretary to number 8 on the list. The bill is awaiting House approval.
Amendment XXV
(The proposed amendment was sent to the states July 6, 1965, by the Eighty-ninth Congress. It was ratified Feb. 10, 1967.)
Section 1
[Succession of vice president to presidency.]
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2
[Vacancy in office of vice 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.
Section 3
[Vice president as acting president.]
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.
Section 4
[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.
Presidential Succession Act of 1947 (Amended)
(As Amended)
US Code as of: 01/23/00
Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act
(a)
(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.
(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 -
(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
(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.
(d)
(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.
(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.
(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.
(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.
The legal reference to the Presidential Succession Act of 1947 is 61 Stat. 380; 3 U.S.C. 19.
Sources:
Legal Information Institute of Cornell Law School
Congressional Research Service
________________________________________________________________
December 31, 2005
Editorial
Conspiring Against the Voters
President Bush has announced four nominees for the Federal Election Commission, moving to keep the policing of campaign abuses firmly in the hands of party wheel horses. The timing of the announcement - the president waited until the Senate had gone home - is likely to allow the nominees to avoid the full hearing and confirmation process needed to evaluate them properly.
The most objectionable nominee is Hans von Spakovsky, a former Republican county chairman in Georgia and a political appointee at the Justice Department. He is reported to have been involved in the maneuvering to overrule the career specialists who warned that the Texas gerrymandering orchestrated by Representative Tom DeLay violated minority voting rights. Senators need the opportunity to delve into that, as well as reports of Mr. von Spakovsky's involvement in such voting rights abuses as the purging of voter rolls in Florida in the 2000 elections.
The need for a clean broom at the six-member election panel becomes clearer with each new round of decisions favoring big-money politics over the voters. But the newly nominated majority promises no improvement. In fact, the slate would mean an end to the service of Scott Thomas, the one incumbent praised for his independence by Senator John McCain, who has campaigned for a clean, hack-free Federal Election Commission.
Both parties suggested candidates; the Democrats include a union lawyer and a trusted political associate of the Senate minority leader, Harry Reid. By endorsing them, the president has finally shown his commitment to bipartisanship in the worst of ways: by installing another undistinguished group of factotums to referee the democratic process.
· Copyright 2005The New York Times Company
posted by FancyRage at 9:11 AM
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