The Constitution makes the Vice President the successor if the President dies or is incapacitated, but it establishes no order of succession beyond that. Federal law, most recently the Presidential Succession Act of 1947, establishes further details. If the Vice President dies or cannot serve, then the speaker of the House of Representatives becomes President. After him in the line of succession come the president pro tempore of the Senate (typically the longest-serving member of the majority party) and then the members of the Cabinet, in the order in which their posts were created—starting with the Secretary of State and moving to the Secretary of the Treasury, the Secretary of Defense, and so on. The Reagan Administration, however, worried that this procedure might not meet the split-second needs of an all-out war with the Soviet Union. What if a nuclear attack killed both the President and the Vice President, and maybe the speaker of the House, too? Who would run the country if it was too hard to track down the next living person in line under the Succession Act? What civilian leader could immediately give U.S. military commanders the orders to respond to an attack, and how would that leader communicate with the military? In a continuing nuclear exchange, who would have the authority to reach an agreement with the Soviet leadership to bring the war to an end?
The outline of the plan was simple. Once the United States was (or believed itself about to be) under nuclear attack, three teams would be sent from Washington to three different locations around the United States. Each team would be prepared to assume leadership of the country, and would include a Cabinet member who was prepared to become President. If the Soviet Union were somehow to locate one of the teams and hit it with a nuclear weapon, the second team or, if necessary, the third could take over. This was not some abstract textbook plan; it was practiced in concrete and elaborate detail. Each team was named for a color—“red” or “blue,” for example—and each had an experienced executive who could operate as a new White House chief of staff. The obvious candidates were people who had served at high levels in the executive branch, preferably with the national-security apparatus. Cheney and Rumsfeld had each served as White House chief of staff in the Ford Administration. Other team leaders over the years included James Woolsey, later the director of the CIA, and Kenneth Duberstein, who served for a time as Reagan’s actual White House chief of staff.
As for the Cabinet members on each team, some had little experience in national security; at various times, for example, participants in the secret exercises included John Block, Reagan’s first Secretary of Agriculture, and Malcolm Baldrige, the Secretary of Commerce. What counted was not experience in foreign policy but, rather, that the Cabinet member was available. It seems fair to conclude that some of these “Presidents” would have been mere figureheads for a more experienced chief of staff, such as Cheney or Rumsfeld. Still, the Cabinet members were the ones who would issue orders, or in whose name the orders would be issued.
One of the questions studied in these exercises was what concrete steps a team might take to establish its credibility. What might be done to demonstrate to the American public, to U.S. allies, and to the Soviet leadership that “President” John Block or “President” Malcolm Baldrige was now running the country, and that he should be treated as the legitimate leader of the United States? One option was to have the new “President” order an American submarine up from the depths to the surface of the ocean—since the power to surface a submarine would be a clear sign that he was now in full control of U.S. military forces. [Just thought this was a fascinating problem to solve!] This standard—control of the military—is one of the tests the U.S. government uses in deciding whether to deal with a foreign leader after a coup d’état.
**“One of the awkward questions we faced,” one participant in the planning of the program explains, “was whether to reconstitute Congress after a nuclear attack. It was decided that no, it would be easier to operate without them.” For one thing, it was felt that reconvening Congress, and replacing members who had been killed, would take too long. Moreover, if Congress did reconvene, it might elect a new speaker of the House, whose claim to the presidency might have greater legitimacy than that of a Secretary of Agriculture or Commerce who had been set up as President under Reagan’s secret program. **The election of a new House speaker would not only take time but also create the potential for confusion. The Reagan Administration’s primary goal was to set up a chain of command that could respond to the urgent minute-by-minute demands of a nuclear war, when there might be no time to swear in a new President under the regular process of succession, and when a new President would not have the time to appoint a new staff. **The Administration, however, chose to establish this process without going to Congress for the legislation that would have given it constitutional legitimacy.
Ronald Reagan established the continuity-of-government program with a secret executive order.** According to Robert McFarlane, who served for a time as Reagan’s National Security Adviser, the President himself made the final decision about who would head each of the three teams. Within Reagan’s National Security Council the “action officer” for the secret program was Oliver North, later the central figure in the Iran-contra scandal. Vice President George H.W. Bush was given the authority to supervise some of these efforts, which were run by a new government agency with a bland name: the National Program Office. It had its own building in the Washington area, run by a two-star general, and a secret budget adding up to hundreds of millions of dollars a year. Much of this money was spent on advanced communications equipment that would enable the teams to have secure conversations with U.S. military commanders. In fact, the few details that have previously come to light about the secret program, primarily from a 1991 CNN investigative report, stemmed from allegations of waste and abuses in awarding contracts to private companies, and claims that this equipment malfunctioned.