Presidential Succession: The Designated Survivor

We’ve all seen TV and movie dramas about Presidential succession. Designated Survivor was a series about the Secretary of Housing and Urban Development (Kiefer Sutherland) becoming the President after a terrorist conspiracy took out the Capitol during a State of the Union address. Everyone else in the line of succession was killed in the attack, and even though (spoiler alert for the end of this article) he was number 12 on the list of succession, he won Air Force One and a beautiful home on Pennsylvania Avenue, complete with a lovely rose garden.

So, what’s the real deal on Presidential Succession? Should disaster strike, what happens, and who takes charge? Our national owner’s manual, the Constitution (technically a later amendment), clarifies the rules for establishing the chain of command.

The 20th Amendment

Sections 3 and 4 of the 20th Amendment specify that Congress has the power to make laws about succession details, but they don’t enumerate those details or the chain of succession.

You may have seen TV dramas that address the problem of what to do if neither the president nor vice president can perform their duties. You may have heard that certain individuals are always stowed away in safe off-site locations during major political events like the annual State of the Union Address. If the Capitol building fell into a giant sinkhole during the speech, the “designated survivor” would, in theory, at least be available to assume the duties of the presidency. Unless, of course, sinkholes appeared en masse. If the designated survivor doesn’t survive, we’re pretty sure Oprah is next in line. Just kidding. It’s really Chuck Norris.

While the exact pecking order of the chain of succession is not directly written into the Constitution, the process for determining that order is. The Presidential Succession Act of 1947 outlined the current succession rules, although two prior acts did the same.

Is the Presidential Succession Law Constitutional?

Since Washington dwellers always have to argue about something, there is more than a bit of disagreement about whether the current presidential succession list is constitutional. Why? Primarily because congressional officials are the first two on the list! Many constitutional scholars believe they are ineligible for service in the executive branch.

That’s because Article II, Section 1 of the Constitution states that only “officers” may serve as a presidential successor. Article I, Section 6 states that elected officials can’t be named as “officers” of the United States during their term. Hmmm. Then again, is it really a surprise that Congress created a law to put themselves at the very top of the presidential succession hierarchy? Let’s all apply our shocked faces in 3… 2… 1…

Who’s In Charge?

Ever wondered about the order of presidential succession? Here’s the current ranking of designated survivors. If the priority order looks unusual, that’s because cabinet positions are ranked in the order in which their respective departments came into being. That’s why the Secretary of Homeland Security is last; it’s the newest agency. Just to be clear, the Vice President is assumed to take charge before any of these rules come into effect.

Speaker of the House of Representatives
Senate President pro tempore
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
Secretary of Homeland Security

This story is from our book, The Practical Guide to the United States Constitution, which is available at all online booksellers in paperback, hardback and eBook form.