What Is the Order of Succession if a President Dies?
In 1841, William Henry Harrison was the first president to die in office. A total of eight U.S. presidents have died in office as of October 2010. The Constitution and federal law determine the order of succession to the presidency.
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Constitution
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The vice president is the first person in the line of succession to the presidency. The U.S. Constitution states that if the president dies, the vice president will become president. The Constitution does not specifically designate the rest of the line of succession, but it allows Congress to set up a line of succession for instances in which neither the president nor the vice president is able to serve.
Federal Law
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As of February 2010, the U.S. Code designates the speaker of the House of Representatives as the person next in line after the vice president. The president pro tempore of the Senate is third in line. Members of the president's cabinet fill out the rest of the line of succession. The Secretary of State is fourth in line followed by the Secretary of the Treasury, the Secretary of Defense and the Attorney General. The secretaries of Interior, Agriculture, Commerce, Labor and Health and Human Services fill positions eight through 12. The secretaries of Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs and Homeland Security complete the list.
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Eligibility
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Anyone in the line of succession must meet the constitutional requirements for the office of president or she cannot succeed to the presidency. Those requirements are that the individual must be at least 35 years old, a U.S. resident for 14 years and a natural born citizen of the United States. The U.S. Code also states that the presidential succession will skip those listed in the Code who are under impeachment by the House.
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References
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- Photo Credit The White House image by dwight9592 from Fotolia.com
