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or Paperback
*Please note:
Links to books and other items on this page and elsewhere on Greg Ladens' blog may send you to Amazon, where I am a registered affiliate. As an Amazon Associate I earn from qualifying purchases, which helps to fund this site.
The law that makes the Speaker or Hatch President is arguably unconstitutional, allowing for non-executive branch members other than VP to become President.
Suppose the Secretary of State becomes President because there is no Speaker. If Congress then elects a Speaker, this person replaces the Secretary of State as President. Designated Survivor ignored this provision.
Article II of the US Constitution addressed this issue:
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
Yes, the argument is that ‘officer’ refers to executive branch and not the Speaker. However, VP is not part of the executive branch so this arguably works against that.
Yeah, the argument that it is unconstitutional is pretty strong, and in parallel, there is an argument that the current method is simply stupid or otherwise problematic.