# Realistically, if the President/Vice President were both incapacitated and the Speaker of the House was from an opposing party, what would happen?

**URL:** <https://boards.straightdope.com/t/realistically-if-the-president-vice-president-were-both-incapacitated-and-the-speaker-of-the-house-was-from-an-opposing-party-what-would-happen/1017264>\
**Category:** In My Humble Opinion\
**Created:** [April 20, 2025, 8:05pm UTC](https://boards.straightdope.com/t/realistically-if-the-president-vice-president-were-both-incapacitated-and-the-speaker-of-the-house-was-from-an-opposing-party-what-would-happen/1017264 "2025-04-20T20:05:25Z")\
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**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\
**Post date:** [April 20, 2025, 8:54pm UTC](https://boards.straightdope.com/t/realistically-if-the-president-vice-president-were-both-incapacitated-and-the-speaker-of-the-house-was-from-an-opposing-party-what-would-happen/1017264/14 "2025-04-20T20:54:43Z")

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The OP blurs the case between the Prez & VP being killed or being _temporarily_ incapacitated.

If they’re both dead, the speaker becomes by title the “acting president”. But by law they’re fully the president in all regards until the next regularly scheduled election. As they say in the law biz, it’s a distinction without a difference.

OTOH, if prez or VP are alive, but _incapacitated_, then everything gets murky. As discussed in this other recent thread:

> [@25th Amendment - Can never happen](https://boards.straightdope.com/t/25th-amendment-can-never-happen/1016822):
>
> I believe we have a very recent case study , that the 25th amendment can never be enacted. Given the recent (or leaked bits of upcoming) book releases, it seems obvious that Joe Biden was widely viewed by staff as unable fulfill the role of President; but not only was he allowed to continue. He was nominated for another term. It seems the very people that can move forward with the 25th amendment are so beholden to the President, they effectively they can not act in the interests of the country…

  

And equally clearly, there are two different USAs and constitutions and laws in effect. The one that existed up until a couple months ago, and the one that exists now. For _any_ political hypothetical question we need to specify whether we’re dealing with the pre- or post- Jan 2025 version of the USA. Those two eras’ governmental arrangements have little in common now beyond the window dressing and less all the time.

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