After the Vice President, the Speaker of the House, and the President pro tempore of the Senate come the cabinet secretaries according to when their Dept was created. That’s 18 people total! Who would become Acting President if some catastrophe takes them all out? I know the House or Senate could elect a new Speaker/President but who would be in charge in the meantime? What if Congress couldn’t get a quroum?
Current law makes no provision, so far as I can determine, past the Cabinet level officers. This makes some sense, as all the positions listed are either voted for by the population, created by Congress, or appointed with the advice and consent of the Senate. IOW, they either represent the people themselves, or they are approved by representatives of the people. You wouldn’t want the Assistant Undersecretary of Agriculture in the succession.
The codification is in the United States Code at 3USC19:
Two notes:
- The list in (d)(1) has been slightly modified. The Sec of DHS was, I believe, added to the succession. The last full publication of the USC, from which the above was taken, was in 2000, and I don’t feel like looking for the supplements.
- I have edited the text to eliminate some long sections I don’t think are important here. You can read the full text yourself by clicking the link.
As to your last question, what would happen if everyong listed all bought it at one time, we’d be in uncharted territory, and no-one knows.
Lastly, welcome to the Boards, here’s hoping you stick around.
If I recall correctly, at one point succession law (it’s been changed a number of times over the years) included members of Congress according to seniority. I don’t know if it was Senate first then House, House first then Senate, or just the most senior member still standing.
U.S. House of Representatives, Rule I: The Speaker:
Not very many people know this, but that would be me. Keep it under your hat.
Hmm. I’d have bet the farm that the Cheif Justice of the SCOTUS was on the list but I’d have been mistaken.
Can an individual in the line of succession decline to take the Oath or are they automatically President (if those before him/her are unable) and then would have to officially resign?
This brings up a very interesting question. Assume the President, Vice President, Speaker of the House, and President pro tempore of the Senate are all killed in a tragic mah jongg accident (it was terrible–tiles flying everywhere). By 3USC19(d)(1), the Secretary of State becomes acting President.
Later that afternoon, the House meets and selects a new Speaker. Does that new Speaker invoke 3USC19(a)(1) and take over as President, or is it too late? Is the Secretary of State already locked in?
Shortly after the 911 attacks, there were a few news accounts of some quasi-government committee setup to study what to do in case a terrorist attack would wipe out Congress. There were some ideas but AFAIK, none were actually introduced as a bill. A change woulld possibly require a constitutional amendment.
To the OP, my guess is that if all 18 of these people suddenly died, the military would end up declaring martial law. And would hopefully relinquish control when a new Speaker of the House could be decided on.
The President doesn’t need Congress. Wipe out Congress, and whoever is President just keeps running the country under existing law. States could appoint new Senators. The lack of a House of Representatives for a while would be an issue, though.
A person in the line of succession would automatically become president, provided that he or she was qualified to be president (native born, at least 35 years old, etc.). However, the Constitution requires the new president to take the oath of office before he can execute the office, i.e., do anything worth mentioning.
WHERE in the Constitution does it say the Speaker of the House can’t become president by succession if they are under 35 years old?
Article II, Section 1.
Not saying it wouldn’t happen but is this legal? How would we ease back to a civilian governement?
That would be Article. II. Section. 1. Clause 5, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” It doesn’t say anything about exceptions being made for how the person got to be President (i.e., either by election or succession).
Fooey, beat by three minutes!
It wouldn’t be legal, but in the case of a catastrophe that wiped out everyone in the succession it would be the most likely option. The military could cede power to a civilian government once it had been re-established.
Actually the although the House member can only be replaced through a special election, apparntly they changed their defination of a quorom after 9/11. Vacant seats don’t count so I guess even if 434 members died the survivor would be a quorom and have all the powers of the House? But Congress wouldn’t be able to convene for a few as long as a few days in a major attack so who’d be giving orders till then? Who’d get the nuclear football?
General Haig!? I was wondering where you’d disappeared to! 
No, no, no, that would be Last Year’s Model! 