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Presidential and Vice Presidential Succession: Overview and Current Legislation [Updated September 27, 2004]
"The events of September 11, 2001 raised concerns about continuity in the presidency and succession issues in general. Following establishment of the Department of Homeland Security (DHS), legislation to include the DHS secretary in the line of succession has been introduced in the 108th Congress: S. 148, H.R. 1354, and H.R. 2319. All three would include the Secretary of Homeland Security in the line of succession following the Attorney General, while H.R. 2319 also makes further amendments to the Succession Act of 1947. Other measures would make major changes to existing succession law; these include H.R. 2749, S. 2073, S.Res. 419, or propose actions that would not require legislation (H.Res. 775 and S.Con.Res. 89). The Senate Committees on the Judiciary and Rules and Administration held a joint hearing September 16, 2003 to review the Succession Act of 1947 and the question of succession in general. For additional related information, please consult CRS Report RS20827, Presidential and Vice Presidential Terms and Tenure, by Thomas H. Neale, and CRS Report RS20260, Presidential Disability: An Overview, by Thomas H. Neale. This report will be updated as events warrant."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2004-09-27
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Presidential and Vice Presidential Succession: Overview and Current Legislation [Updated March 25, 2003]
"Whenever the office of President of the United States becomes vacant due to "removal ... death or resignation" of the chief executive, the Constitution provides that "the Vice President shall become President." When the office of Vice President becomes vacant for any reason, the President nominates a successor, who must be confirmed by a majority vote of both houses of Congress. If both of these offices are vacant simultaneously, then, under the Succession Act of 1947, the Speaker of the House of Representatives becomes President, after resigning from the House and as Speaker. If the speakership is also vacant, then the President Pro Tempore of the Senate becomes President, after resigning from the Senate and as President Pro Tempore. If both of these offices are vacant, or if the incumbents fail to qualify for any reason, then the cabinet officers are eligible to succeed, in the order in which their departments were created...Succession-related provisions are derived from the Constitution, statutory law, and political precedents of the past two centuries. Current legislative proposals include S. 148, introduced by Senator DeWine, and H.R. 1354, introduced by Representative Tom Davis, both of which are pending before the 108th Congress. These bills would include the Secretary of Homeland Security in the line of succession, but diverge from tradition by making the secretary eighth in line of succession, following the Attorney General, rather than inserting the office at the end of the current succession list. This report traces the evolution of succession procedures and reviews contemporary practices and pending legislation." -- Summary
Library of Congress. Congressional Research Service
Neale, Thomas H.
2003-03-25
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Contemporary Developments in Presidential Elections [October 18, 2012]
"This report considers contemporary developments in presidential elections. It emphasizes three topics chosen for their recurring importance and notable recent developments: (1) nominating procedures; (2) campaign finance; and (3) the electoral college. The report highlights significant developments in these areas, particularly for the 2008 and 2012 elections. It also provides background information about the presidential election process in general. Other CRS products cited throughout this report provide additional information about the topics introduced here. As the report notes, 2012 is expected to be a noteworthy election cycle for several reasons. Some are extensions of developments that started in 2008 or before, while others are more recent. [...] This report will be updated periodically throughout the 2012 election cycle."
Library of Congress. Congressional Research Service
Coleman, Kevin J.; Garrett, R. Sam, 1977-; Neale, Thomas H.
2012-10-18
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Electoral College: How It Works in Contemporary Presidential Elections [October 22, 2012]
From Congressional Research Service (CRS) report introduction: "The President and Vice President of the United States are chosen indirectly by a group of persons elected by American voters. These officials are known as electors, and the institution is referred to collectively as the electoral college. The electoral college, and the system that has grown up around it, are criticized by some as an undemocratic anachronism, and praised by others as a pillar of political stability and the federal system. Absent a constitutional amendment, or the success of non-governmental 'reform' initiatives, however, this system will continue to govern U.S. presidential elections for the foreseeable future. While the electoral college has delivered 'the people's choice' in 47 of 51 elections since ratification of the 12th Amendment, it can and has delivered Presidents who received fewer popular votes than their major opponents. Moreover, in the highly charged political atmosphere of contemporary presidential elections, a tie vote in the college, the failure of any candidate to receive a majority of electoral votes, or an extremely close election--in either popular or electoral votes--could lead to an acrimonious and protracted political struggle, or even a constitutional crisis. Historically, since ratification of the 12th Amendment, the elections of 1824, 1876, and 1888 revealed the weaknesses of the system, and in the case of 1824 and 1876, arguably brought the nation to the brink of civil violence. More recently, the controversial presidential election of 2000, in which George W. Bush narrowly won the electoral vote and the presidency with fewer popular votes than his major opponent, Al Gore, Jr., continues to influence the tone and content of American political discourse more than a decade later. The potential for a similar or even more bitterly contested struggle in a future election argues for a reasonable level of familiarity with the various components and functions of this complex institution, which this report seeks to provide."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2012-10-22
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Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress [October 22, 2012]
"The Philadelphia Convention of 1787 provided two methods of proposing amendments to the U.S. Constitution. In the first, Congress, by two-thirds vote in both houses, proposes amendments to the states. If three-fourths of the states (38 at present) vote to ratify the amendment, it becomes part of the Constitution. Since 1789, Congress has proposed 33 amendments by this method, 27 of which have been adopted. In the second method, if the legislatures of two-thirds of the states (34 at present) apply, Congress must call a convention to consider and propose amendments, which must meet the same 38-state ratification requirement. This alternative, known as the Article V Convention, has not been implemented to date. Several times during the 20th century, organized groups promoted a convention that they hoped would propose amendments to the states, or to 'prod' Congress to propose amendments they favored. The most successful was the movement for direct election of Senators, which helped prod Congress to propose the 17th Amendment. The most recent, which promoted a convention to consider a balanced federal budget amendment, gained 32 applications, just two short of the constitutional threshold. […] Only the states can summon an Article V Convention, by application from their legislatures. Some of the issues concerning this process include procedures within the state legislatures; the scope and conditions of applications for a convention; steps in submitting applications to Congress; and the role of the state governors in the process."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2012-10-22
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Electoral College: An Overview and Analysis of Reform Proposals [Updated November 5, 2004]
"American voters elect the President and Vice President of the United States indirectly, through an arrangement known as the electoral college system. The electoral college system comprises a complex mosaic of constitutional provisions, state and federal laws, and political party rules and practices. Although the electoral college system has delivered uncontested results in 46 out of 50 presidential elections since it assumed its present constitutional form in 1804, it has been the subject of persistent criticism and frequent proposals for reform. Reform advocates cite several problems with the current system, including a close or multi-candidate election can result in no electoral college majority, leading to a contingent election in Congress; the current system can result in the election of a President and Vice President who received a majority of electoral votes, but fewer popular votes, than their opponents; the formula for assignment of electoral votes is claimed to provide an unfair advantage for less populous states and does not account for population changes between censuses; and the winner-take-all system used by most states does not recognize the proportional strength of the losing major party, minor party, and independent candidates. On the other hand, defenders assert that the electoral college system is an integral and vital component of federalism, that it has a 92% record of non-controversial results, and that it promotes an ideologically and geographically broad two-party system. They maintain that repair of the electoral college system, rather than abolition, would eliminate any perceived defects while retaining its overall strengths."
Library of Congress. Congressional Research Service
Whitaker, L. Paige; Neale, Thomas H.
2004-11-05
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Electoral College: Reform Proposals in the 108th Congress [Updated June 30, 2005]
"American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. For additional information on contemporary operation of the system, please see CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by Thomas H. Neale. Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804. Throughout this period, nevertheless, it has been the subject of persistent criticism and many reform proposals. Related measures fall into two basic categories: those that would eliminate the electoral college and substitute direct popular election of the President and Vice President, and those that would retain the existing system in some form and correct perceived defects."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2005-06-30
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President's State of the Union Address: Tradition, Function, and Policy Implications [November 17, 2010]
"The State of the Union (SOTU) address is a communication between the President and Congress in which the chief executive reports on the current conditions of the United States and provides policy proposals for the upcoming legislative year. Formerly known as the 'Annual Message,' the State of the Union address originates in the Constitution. As part of the system of checks and balances, Article II, Section 3, clause 1 mandates that the President '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.' In recent decades, the President has expanded his State of the Union audience, addressing the speech to both the nation and Members of Congress. Over time, the State of the Union address has evolved considerably. [...] Although each President uses the State of the Union address to outline his administration's policy agenda, most incorporate common rhetorical arguments and ceremonial traditions. Bipartisanship, attention to both the past and the future, and optimism are recurring themes in State of the Union addresses. [...] Presidents can also use the State of the Union address to increase media attention for a particular issue. Immediately following the State of the Union address, the political party not occupying the White House provides an opposition response. The response, usually much shorter than the State of the Union, outlines the opposition party's policy agenda and serves as an official rejoinder to the proposals outlined by the President."
Library of Congress. Congressional Research Service
Shogan, Colleen J., 1975-; Neale, Thomas H.
2010-11-17
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Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments [February 13, 2013]
"United States Senators serve a term of six years. Vacancies occur when an incumbent Senator leaves office prematurely for any reason; they may be caused by death or resignation of the incumbent, by expulsion or declination (refusal to serve), or by refusal of the Senate to seat a Senator-elect or -designate. This report provides information on current vacancies in the Senate, the constitutional origins of the Senate vacancy clause, the appointment process by which most vacancies are filled, and related contemporary issues. It will be revised and updated to reflect current developments in vacancies, appointments, and special elections."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2013-02-13
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Contemporary Developments in Presidential Elections [January 9, 2012]
"This report considers contemporary developments in presidential elections. It emphasizes three topics chosen for their recurring importance and notable recent developments: (1) nominating procedures; (2) campaign finance; and (3) the electoral college. The report highlights significant developments in these areas, particularly for the 2008 and 2012 elections. It also provides background information about the presidential election process in general. Other CRS products cited throughout this report provide additional information about the topics introduced here. As the report notes, 2012 is expected to be a noteworthy election cycle for several reasons. Some are extensions of developments that started in 2008 or before, while others are more recent. [...] This report will be updated periodically throughout the 2012 election cycle."
Library of Congress. Congressional Research Service
Coleman, Kevin J.; Garrett, R. Sam, 1977-; Neale, Thomas H.
2012-01-09
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Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress [July 9, 2012]
"Article V of the U.S. Constitution provides two methods of proposing amendments. First, Congress, with the approval of two-thirds of both houses, may propose amendments to the states for ratification, a procedure used to propose all 27 current amendments to the Constitution. Second, if the legislatures of two-thirds of the states (34 at present) apply, Congress shall call a convention for considering and proposing amendments. This alternative, known as an Article V Convention, has not been implemented to date. This report examines the Article V Convention method, focusing on contemporary issues for Congress. A companion report, CRS [Congressional Research Service] Report R42592, 'The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress,' examines this procedure's constitutional origins; reviews the history of 20th century campaigns to call a convention; and provides an analysis of state procedures in the Article V Convention process."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2012-07-09
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Electoral College: How it Works in Contemporary Presidential Elections [September 28, 2004]
"When Americans vote for a President and Vice President, they actually vote for presidential electors, known collectively as the electoral college. It is these electors, chosen by the people, who elect the chief executive. The Constitution assigns each state a number of electors equal to the combined total of its Senate and House of Representatives delegations; at present, the number of electors per state ranges from three to 55, for a total of 538, a figure which includes three electors for the District of Columbia. Anyone may serve as an elector, except for Members of Congress, and persons holding offices of 'Trust or Profit' under the Constitution. In each presidential election year, a group (ticket or slate) of candidates for elector is nominated by political parties and other groups in each state, usually at a state party convention, or by the party state committee. It is these elector-candidates, rather than the presidential and vice presidential nominees, for whom the people vote in the election held on Tuesday after the first Monday in November (November 2, 2004)."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2004-09-28
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Presidential Terms and Tenure: Perspectives and Proposals for Change [October 19, 2009]
"The terms of the President and Vice President are set at four years by Article II, Section 1 of the Constitution. The 20th Amendment, ratified in 1933, sets the expiration date of these terms at noon on January 20 of each year following a presidential election. [...] Although the length of the presidential term was decided after spirited debate at the 1787 Constitutional Convention, and the 22nd Amendment provides term limits for the President, proposed constitutional amendments that would alter these provisions are occasionally introduced in Congress. One proposal, which would lengthen the President and Vice President's terms to six years, was introduced frequently through the 103rd Congress. Some six-year term amendments proposed limiting the President to a single term, while others allowed for two terms, or no limit at all. Another category of amendment, which continues to be introduced in most Congresses, would repeal the 22nd Amendment. H.J.Res. 5, introduced in the 111th Congress by Representative José E. Serrano, falls into this category. H.J.Res. 5 was referred to the House Judiciary Committee, but no further action has been taken to date. This report will be updated as events warrant."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2009-10-19
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Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments [August 21, 2009]
"The election of incumbent Senators as President and Vice President in 2008, combined with subsequent cabinet appointments, resulted in the highest number of Senate vacancies during a presidential transition period in over 60 years. Vacant seats were filled in Colorado, Delaware, Illinois, and New York, all states in which the governor appoints a temporary replacement. Controversies surrounding the replacement process in two of these states drew scrutiny and criticism of both the particular circumstances and the appointment process itself. The use of temporary appointments to fill Senate vacancies is an original provision of the U.S. Constitution. The practice was revised by the 17th Amendment (effective in 1913), which substituted direct popular election of Senators for choice by state legislatures; it also changed the requirements for Senate vacancies, by specifically directing the state governors to 'issue writs of election to fill such vacancies.' The amendment simultaneously preserved the appointment option by authorizing state legislatures to 'empower the [governor] to make temporary appointments until the people fill the vacancies by election.' [...] Two alternative federal reform approaches emerged in the 111th Congress: one legislative and the other constitutional. H.R. 899 would require special elections to fill all Senate vacancies, and would provide federal financial assistance to the affected state to cover up to 50% of the costs of the special election. S.J.Res. 7 and H.J.Res. 21 propose a constitutional amendment that would require all Senators to be elected, and would direct the governors of affected states to issue writs of election to fill Senate vacancies. The constitution subcommittees of the Senate and House Judiciary Committees held a joint hearing on the measures on March 11, 2009. On August 6, the Senate Judiciary Committee's Subcommittee on the Constitution voted to approve S.J.Res. 7 and report it to the full committee."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2009-08-21
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Electoral College Reform: 111th Congress Proposals and Other Current Developments [November 4, 2009]
"American voters elect the President and Vice President indirectly, through presidential electors. Established by Article II, Section 1, clause 2 of the U.S. Constitution, this electoral college system has evolved continuously since the first presidential elections. Despite a number of close contests, the electoral college system has selected the candidate with the most popular votes in 48 of 52 presidential elections since the current voting system was established by the 12th Amendment in time for the 1804 contest. [...] In the absence of congressional action since 1977, proponents of direct election have advanced a non-constitutional option in recent years, the National Popular Vote (NPV) plan. This would bypass the electoral college system through a multi-state compact enacted by the states. Relying on the states' constitutional authority to appoint electors, NPV would commit participating states to choose electors committed to the candidates who received the most popular votes nationwide, notwithstanding results within the state. NPV would become effective when adopted by states that together possess a majority of electoral votes (270). At the present time, five states with a combined total of 61 electoral votes (Hawaii, 4; Illinois, 21; Maryland, 10; New Jersey, 15, and Washington, 11) have approved the compact, while the compact is under active consideration by the legislature of several other states. For additional information on contemporary operation of the system, please consult CRS [Congressional Research Service] Report RL32611, 'The Electoral College: How It Works in Contemporary Presidential Elections', by Thomas H. Neale. This report will be updated as events warrant."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2009-11-04
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Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments [July 16, 2013]
"This report reviews the constitutional origins of the appointments provision and its incorporation in the 17th Amendment. It also examines and analyzes contemporary developments, including the disposition of recent vacancies and proposals to eliminate or restrict gubernatorial power to name temporary Senators."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2013-07-16
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Electoral College: Reform Proposals in the 109th Congress [Updated March 12, 2007]
"American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. For additional information on contemporary operation of the system, please consult CRS [Congressional Research Service] Report RL32611, 'The Electoral College: How It Works in Contemporary Presidential Elections', by Thomas H. Neale. Despite occasional close elections, this system has delivered uncontested results in 47 of 51 elections since the 12th Amendment was ratified in 1804. Down these many years, however, it has been the subject of persistent criticism and numerous reform proposals. In the contemporary context, related measures fall into two basic categories: those that would eliminate the electoral college and substitute direct popular election of the President and Vice President, and those that would retain the existing system in some form, while correcting perceived defects. Four relevant proposed amendments were introduced in the 109th Congress: H.J.Res. 8 (Representative Gene Green, and others); H.J.Res. 17 (Representative Eliot Engel and others); H.J.Res. 36, (Representative Jesse Jackson, Jr., and others); H.J.Res. 50 (Representative Zoe Lofgren and others); and S.J.Res. 11 (Senators Dianne Feinstein and Barbara Boxer). All proposed to eliminate the electoral college and substitute direct popular election, while H.J.Res. 8, H.J.Res. 17, H.J.Res. 50 and S.J.Res. 11 also sought to empower Congress to set federal standards for various aspects of voting registration and election administration procedures. The House measures were referred to the House Committee on the Judiciary and to its Subcommittee on the Constitution, while S.J.Res. 11 was referred to the Senate Committee on the Judiciary. No further action was taken on any of them during the life of the 109th Congress. For additional information on electoral college contingencies and broader aspects of reform proposals, please consult CRS Report RL30804, 'The Electoral College: An Overview and Analysis of Reform Proposals', by L. Paige Whitaker and Thomas H. Neale. This report will not be updated."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2007-03-12
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President's State of the Union Address: Tradition, Function, and Policy Implications [January 12, 2009]
"Over time, the State of the Union address has evolved considerably. The format and delivery of the speech has changed, and its length has fluctuated widely. Technology has also influenced the delivery of the address, with the advent of radio, television, and the Internet playing significant roles in the transformation. Although each President uses the State of the Union address to outline his administration's policy agenda, most incorporate common rhetorical arguments and ceremonial traditions. Bipartisanship, attention to both the past and the future, and optimism are recurring themes in State of the Union addresses. The legislative success rate of policy proposals mentioned in State of the Union addresses varies widely. Addresses given after a President's election or reelection and during periods of unified party government tend to produce higher rates of legislative success. Presidents can also use the State of the Union address to increase media attention for a particular issue. Immediately following the State of the Union address, the political party not occupying the White House provides an opposition response. The response, usually much shorter than the State of the Union, outlines the opposition party's policy agenda and serves as an official rejoinder to the proposals outlined by the President."
Library of Congress. Congressional Research Service
Shogan, Colleen J., 1975-; Neale, Thomas H.
2009-01-12
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Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress [March 7, 2014]
"Article V of the U.S. Constitution provides two methods of proposing amendments. First, Congress, with the approval of two-thirds of both houses, may propose amendments to the states for ratification, a procedure used for all 27 current amendments. Second, if the legislatures of two-thirds of the states apply, 34 at present, Congress 'shall' call a convention for considering and proposing amendments. This alternative, known as an Article V Convention, has yet to be implemented. This report examines the Article V Convention, focusing on contemporary issues for Congress. CRS [Congressional Research Service] Report R42592, 'The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress', examines the procedure's constitutional origins and history and provides an analysis of related state procedures."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2014-03-07
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Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress [April 11, 2014]
"Article V of the U.S. Constitution provides two ways of amending the nation's fundamental charter. Congress, by a two-thirds vote of both houses, may propose amendments to the states for ratification, a procedure used for all 27 current amendments. Alternatively, if the legislatures of two-thirds of the states apply, 34 at present, Congress 'shall call a Convention for proposing Amendments....' This alternative, known as an Article V Convention, has yet to be implemented. This report examines the Article V Convention, focusing on contemporary issues for Congress. CRS [Congressional Research Service] Report R42592, 'The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress' examines the procedure's constitutional origins and history and provides an analysis of related state procedures. Significant developments in this issue have occurred recently: in March 2014, the Georgia Legislature applied for a convention to consider a balanced federal budget amendment, revoking its rescission of an earlier application; in April 2014, Tennessee took similar action. While both applications are valid, they may revive questions as to the constitutionality of rescissions of state applications for an Article V Convention and whether convention applications are valid indefinitely. Either issue could have an impact on the prospects for a convention. In other recent actions, the legislatures of Ohio, in November 2013, and Michigan, in March 2014, applied to Congress for an Article V Convention to consider a balanced federal budget amendment; these are the first new state applications since 1982 and are also the 33rd and 34th applications for the balanced budget amendment convention."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2014-04-11
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Article V Convention to Propose Constitutional Amendments: Current Developments [March 29, 2016]
From the Introduction: "Article V of the U.S. Constitution provides two alternatives for amending the nation's fundamental charter: proposal of amendments to the states by vote of two-thirds of the Members of both houses of Congress, and proposal by a convention called as a result of applications from two-thirds of the states, the 'Article V Convention.' From the 1960s to the 1980s, supporters of Article V Conventions mounted vigorous but ultimately unsuccessful campaigns to call conventions to consider such issues as school busing to achieve racial balance, restrictions on abortion, apportionment in state legislatures, and a balanced federal budget. Since approximately 2010, after more than 20 years of comparative inaction, the Article V Convention alternative has drawn a new generation of supporters. Advocacy groups across a broad range of the political spectrum are pushing for conventions to consider various amendments. This report provides information for Members of Congress and congressional staff on current developments in Congress, the states, and the advocacy community on the Article V Convention alternative."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-03-29
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Electoral College: How It Works in Contemporary Presidential Elections [April 13, 2016]
"When Americans vote for a President and Vice President, they are actually choosing presidential electors, known collectively as the electoral college. It is these officials who choose the President and Vice President of the United States. The complex elements comprising the electoral college system are responsible for one of the most important processes of the American political and constitutional system: election of the President and Vice President. A failure to elect a President, or worse, the choice of a chief executive whose legitimacy might be open to question, could precipitate a constitutional crisis that would require prompt, judicious, and well-informed action by Congress."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-04-13
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Presidential Elections: Vacancies in Major- Party Candidacies and the Position of President-Elect [October 6, 2016]
"What would happen in 2016 if a candidate for President or Vice President were to die or leave the ticket any time between the national party conventions and the November 8 election day? What would happen if this occurred during presidential transition, either between election day and the December 19, 2016, meeting of the electoral college; or between December 19 and the inauguration of the President and Vice President on January 20, 2017? Procedures to fill these vacancies differ depending on when they occur. […] Succession procedures during the presidential election campaign period and the transition are governed by party rules, federal law, and constitutional requirements. […] It may be assumed that party rules would be adequate to provide for some future incident, although an extremely volatile post-election political climate or the prospect of a faithless elector or electors might introduce complicating factors, as noted previously in this report. With respect to the transition period itself, the 20th and 25th Amendments have anticipated most potential contingencies, and could be implemented to address a succession issue during the period between the meetings of the electoral college and inauguration of the President."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-10-06
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Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress [March 29, 2016]
"Article V of the U.S. Constitution provides two ways to amend the nation's fundamental charter. Congress, by a two-thirds vote of both houses, may propose amendments to the states for ratification, a procedure that has been used for all 27 current amendments. Alternatively, on the application of the legislatures of two-thirds of the states, 34 at present, Article V directs that Congress 'shall call a Convention for proposing Amendments....' This alternative, known as an 'Article V Convention,' has yet to be implemented. This report examines the Article V Convention alternative, focusing on related contemporary issues for Congress. […] This report identifies a range of policy questions Congress might face if an Article V Convention seemed imminent. Some of these include the following: what constitutes a legitimate state application? Does Congress have discretion as to whether it must call a convention? What legislative vehicle would be appropriate to call a convention? Could a convention consider any issue, or would it be limited to the specific issue cited in state applications? Could a 'runaway' convention propose amendments outside its mandate? Could Congress choose not to propose a convention-approved amendment to the states? What role, if any, does the President have? What role would Congress have in the mechanics of a convention, including rules of procedure and voting, number and apportionment of delegates, funding and duration, service by Members of Congress, and other related questions?"
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-03-29
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Presidential Succession: Perspectives, Contemporary Analysis, and 110th Congress Proposed Legislation [October 3, 2008]
"Presidential succession was widely considered to be a settled issue prior to the terrorist attacks of September 11, 2001. These events demonstrated the potential to disable both the legislative and executive branches of government, and raised the question of whether current arrangements are adequate to guarantee continuity in government under such circumstances. Members' concerns may be heightened as the 110th Congress prepares not only for its successor, but a change of administration, as well. Is the United States Government at greater risk of terrorist attack during this period of transition? Are present arrangements adequate to ensure continuity in the presidency in the event of a 'worst-case' scenario? Some analysts and Members of Congress advocate modifications to existing laws to eliminate gaps and enhance procedures in the area of presidential succession."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2008-10-03
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President-Elect: Succession and Disability Issues During the Transition Period [November 26, 2008]
"Procedures governing replacement of a President or Vice President-elect during the transition period depend on when the events that might lead to a temporary or permanent replacement occur. At the general election, voters choose members of the electoral college, which formally selects the President and Vice President several weeks later. Between election day and the electors' meeting, the two major political parties' rules provide that replacement candidates would be chosen by their national committees should vacancies occur. Most authorities agree that the President- and Vice President-elect will have been chosen once the electoral votes are cast on December 15, 2008. The electoral votes are counted and declared when Congress meets in joint session for this purpose on January 8, 2009. During this period, between December 15 and the January 20 inauguration, if the President-elect dies, the Vice President-elect becomes President-elect, under the 20th Amendment to the Constitution. Although the 20th Amendment does not specifically address questions of disability or resignation by a President- or Vice President-elect, the words 'failure to qualify' found in the amendment might arguably be interpreted to cover such contingencies. While the 20th Amendment does not address vacancies in the position of Vice President-elect, these would be covered after the inauguration by the 25th Amendment. In the event no person qualifies as President or Vice President, then the Presidential Succession Act (61 Stat. 380, 3 U.S.C. 19) would apply: the Speaker of the House of Representatives, the President pro tempore of the Senate and duly confirmed Cabinet officers, in that order, would act as President. Since the terrorist attacks of September 11, 2001, observers have expressed concern that an attack during the presidential inauguration ceremony might lead to the death or disability of most or all officials in the line of presidential succession. This concern takes particular note of the fact that there are generally few, if any, duly confirmed cabinet members at that time. One potential remedy for this situation would be for an official in the line of succession to be absent from the ceremony. Another might be for a cabinet secretary from the outgoing Administration to remain in office until after the inauguration; alternatively, a cabinet secretary-designate of the new administration might be nominated by the incumbent President, confirmed by the Senate, and installed prior to the inauguration. Either action would avoid a gap in the line of presidential succession under these circumstances."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2008-11-26
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Electoral College: How It Works in Contemporary Presidential Elections [Updated September 8, 2003]
"When Americans vote for a President and Vice President, they actually vote for presidential electors, known collectively as the electoral college. It is these electors, chosen by the people, who elect the chief executive. The Constitution assigns each state a number of electors equal to the combined total of its Senate and House of Representatives delegations; at present, the number of electors per state ranges from three to 55, for a total of 538. Anyone may serve as an elector, except for Members of Congress, and persons holding offices of 'Trust or Profit' under the Constitution. In each presidential election year, a group (ticket or slate) of candidates for elector is nominated by political parties and other groups in each state, usually at a state party convention, or by the party state committee. It is these elector-candidates, rather than the presidential and vice presidential nominees, for whom the people vote in the election held on Tuesday after the first Monday in November (November 2, 2004). In most states, voters cast a single vote for the slate of electors pledged to the party presidential and vice presidential candidates of their choice. The slate winning the most popular votes is elected; this is known as the winner-take-all, or general ticket, system. Maine and Nebraska use the district system, under which two electors are chosen on a statewide, at-large basis, and one is elected in each congressional district. Electors assemble in their respective states on Monday after the second Wednesday in December (December 13, 2004). They are pledged and expected, but not required, to vote for the candidates they represent. Separate ballots are cast for President and Vice President, after which the electoral college ceases to exist for another four years. The electoral vote results are counted and declared at a joint session of Congress, held on January 6 of the year succeeding the election. A majority of electoral votes (currently 270 of 538) is required to win. This report will be updated as events warrant."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2003-09-08
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Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments [June 7, 2013]
"This report reviews the constitutional origins of the appointments provision and its incorporation in the 17th Amendment. It also examines and analyzes contemporary developments, including the disposition of recent vacancies and proposals to eliminate or restrict gubernatorial power to name temporary Senators."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2013-06-07
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U.S. Senate Vacancies: Contemporary Developments and Perspectives [March 10, 2017]
From the Introduction: "This report discusses the latest developments in vacancies in the Senate; identifies state provisions to appoint or elect Senators to fill vacancies; and reviews the constitutional origins of the appointments provision and its incorporation in the Seventeenth Amendment."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2017-03-10
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Contingent Election of the President and Vice President by Congress: Perspectives and Contemporary Analysis [November 3, 2016]
From the Introduction: "The 12th Amendment to the Constitution provides backup, or standby, procedures by which the House of Representatives would elect the President, and the Senate the Vice President, in the event no candidate wins a majority of electoral votes. Although this procedure, known as contingent election, has been implemented only once for each office since the amendment's ratification, the failure to win an electoral college majority is theoretically possible in any presidential election. Some contingencies that might lead to an electoral college deadlock include: [1] An election that is closely contested by two major candidates, leading to a tie vote in the electoral college; [2] One in which multiple candidates gain electoral votes so that no candidate wins a majority; or [3] An election where a number of electors sufficient to deny a majority to any candidate votes against the candidates to whom they are pledged. Any one of these developments would require Congress to consider and discharge functions of great constitutional significance. Moreover, the magnitude of these responsibilities might well be further highlighted by the fact that an electoral college deadlock would arguably lead to a period of protracted and contentious political struggle. This report examines constitutional requirements and historical precedents associated with the contingent election process. It also identifies and evaluates contemporary issues that might emerge in the modern context."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2016-11-03
