# What if a "Designated Survivor" became president and then a higher ranking Cabinet member was found? **URL:** \ **Category:** Factual Questions\ **Created:** [October 14, 2016, 11:09am UTC](https://boards.straightdope.com/t/what-if-a-designated-survivor-became-president-and-then-a-higher-ranking-cabinet-member-was-found/768500 "2016-10-14T11:09:42Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [October 14, 2016, 11:09am UTC](https://boards.straightdope.com/t/what-if-a-designated-survivor-became-president-and-then-a-higher-ranking-cabinet-member-was-found/768500/1 "2016-10-14T11:09:42Z")
This was inspired by a plot point in the new Kiefer Sutherland show (which BTW I find equal parts intriguing/cheesy/maddening). A survivor is found 36 hours after the Capitol is bombed during the State of the Union and the “designated survivor”, the Secretary of HUD, is sworn in as president. In this case it turns out to be a congressman, but what if it had been someone else from the Cabinet? Would they rescind Kiefer’s presidency? I suppose his previous actions are still valid as “acting president” at least? ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [October 14, 2016, 11:50am UTC](https://boards.straightdope.com/t/what-if-a-designated-survivor-became-president-and-then-a-higher-ranking-cabinet-member-was-found/768500/2 "2016-10-14T11:50:22Z")
[I don’t think he’d be displaced](https://www.law.cornell.edu/uscode/text/3/19): > [@](#): > > An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) or the ability to qualify on the part of an individual higher on such list shall not terminate his service. It looks like a cabinet member who is acting as president can be displaced, but only by the speaker or president pro tempore who was in office at the time the vacancy occurred. Another cabinet member would be someone else on the list in paragraph (1), and it says the acting president’s service shall not be terminated if someone higher on that list becomes available. (And I think “a congressman” would not be prior-entitled unless s/he had been elected speaker before the vacancy occurred.) ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [October 14, 2016, 11:55am UTC](https://boards.straightdope.com/t/what-if-a-designated-survivor-became-president-and-then-a-higher-ranking-cabinet-member-was-found/768500/3 "2016-10-14T11:55:02Z")
Ahhh…interesting! It kind of makes sense, although if the HUD Secretary had just become president five minutes earlier and then they found the Secretary of State or Attorney General in good condition, I think everyone would be annoyed. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [October 14, 2016, 11:58am UTC](https://boards.straightdope.com/t/what-if-a-designated-survivor-became-president-and-then-a-higher-ranking-cabinet-member-was-found/768500/4 "2016-10-14T11:58:17Z")
It might be more annoying if they found the president pro tempore, which is now nothing more than an honorary title given to the most decrepit senator from the majority party. ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [October 14, 2016, 12:13pm UTC](https://boards.straightdope.com/t/what-if-a-designated-survivor-became-president-and-then-a-higher-ranking-cabinet-member-was-found/768500/5 "2016-10-14T12:13:32Z")
Good point! I remember it was Strom Thurmond for a while. (Although the last two, Leahy and Hatch, are a lot sharper.) Given that, I wonder why Congress didn’t move it further down the list. ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [October 14, 2016, 12:18pm UTC](https://boards.straightdope.com/t/what-if-a-designated-survivor-became-president-and-then-a-higher-ranking-cabinet-member-was-found/768500/6 "2016-10-14T12:18:21Z")
I recall that once in the past Hillary Clinton would have become president although she was not the designated survivor but for some other reason was not in attendance. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [October 14, 2016, 12:31pm UTC](https://boards.straightdope.com/t/what-if-a-designated-survivor-became-president-and-then-a-higher-ranking-cabinet-member-was-found/768500/7 "2016-10-14T12:31:36Z")
> [@Lord\_Feldon](#): > > And I think “a congressman” would not be prior-entitled unless s/he had been elected speaker before the vacancy occurred. I think I was wrong about this part. [This report](https://archive.org/stream/RL34692-crs/RL34692_djvu.txt) from the Congressional Research Service says: > [@](#): > > Any cabinet officer acting as President under the act may, however, be supplanted by a “qualified and prior-entitled individual” at any time. 14 This means that if a cabinet officer is serving due to lack of qualification, disability, or vacancy in the office of Speaker or President Pro Tempore, and, further, if a properly qualified Speaker or President Pro Tempore is elected, then they may assume the acting presidency, supplanting the cabinet officer I guess “prior-entitled” just means “higher on the list,” not “entitled prior to the bad thing happening.” It’s a good thing none of this is important, and that if it ever becomes necessary to use it there will be time to convene a few committees and produce a few reports on the law’s flaws and lacunae. Like whether the speaker or PPT are “officers”, as only “officers” can act as president: > [@](#): > > James Madison (arguably the single most formative influence on the Constitution, and a serving Representative when the 1792 act was debated) held that officers of Congress were not eligible to succeed. Other Representatives who had also served as delegates to the Constitutional Convention were convinced to the contrary. ---
**Author:** ![BrotherCadfael](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)\ **Post date:** [October 14, 2016, 12:36pm UTC](https://boards.straightdope.com/t/what-if-a-designated-survivor-became-president-and-then-a-higher-ranking-cabinet-member-was-found/768500/8 "2016-10-14T12:36:43Z")
> [@SlackerInc](#): > > Good point! I remember it was Strom Thurmond for a while. (Although the last two, Leahy and Hatch, are a lot sharper.) Given that, I wonder why Congress didn’t move it further down the list. As a constituent of Leahy, I’d question that assessment.