Vice President of the United States

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Vice President of the
United States of America
Seal of the Vice President of the United States.svg
Flag of the Vice President of the United States.svg
Mike Pence official portrait.jpg
Incumbent
Mike Pence

since January 20, 2017
Executive branch of the U.S. government
Office of the Vice President
Style Mr. Vice President
(informal)
The Honorable
(formal)
Mr. President
(as President of the Senate)
His Excellency
(international correspondence)
Member of Cabinet
National Security Council
President of the U.S. Senate
Residence Number One Observatory Circle
Seat Washington, D.C.
Appointer Electoral College
Term length 4 years
Constituting instrument U.S. Constitution
Inaugural holder John Adams
(April 21, 1789)
Formation March 4, 1789
(229 years ago)
 (1789-03-04)[1]
Succession First[2]
Salary $230,700
Website WhiteHouse.gov

The Vice President of the United States (informally referred to as VPOTUS, or Veep) is a constitutional officer in the legislative branch of the federal government of the United States as the President of the Senate under Article I, Section 3, Clause 4, of the United States Constitution, as well as the second highest executive branch officer, after the President of the United States.[3] In accordance with the 25th Amendment, he is the highest-ranking official in the presidential line of succession, and is a statutory member of the National Security Council under the National Security Act of 1947.

As the Senate president, the vice president presides over its deliberations (or delegates this task to a member of the Senate), but is allowed to vote only when it is necessary to break a tie.[3] While this vote-casting prerogative has been exercised chiefly on legislative issues, it has also been used to break ties on the election of Senate officers, as well as on the appointment of Senate committees.[4] In this capacity, the vice president also presides over joint sessions of Congress.[3]

The vice president is indirectly elected, together with the president, to a four-year term of office by the people of the United States through the Electoral College. The Office of the Vice President assists and organizes the vice president's official functions.

The role of the vice presidency evolved during the 20th century into more of an executive branch position, and today the vice president is widely seen as an integral part of a president's administration, and presides over the Senate only infrequently.[4] The Constitution does not expressly assign the office to any one branch, causing a dispute among scholars whether it belongs to the executive branch, the legislative branch, or both.[5][6][7] The modern view of the vice president as a member of the executive branch is due in part to the assignment of executive duties to the vice president by either the president or Congress.[5]

Mike Pence of Indiana is the 48th and current vice president. He assumed office on January 20, 2017.[8]

Origin

No mention of an office of vice president was made at the 1787 Constitutional Convention until near the end, when an 11-member committee on "Leftover Business" proposed a method of electing the president and vice president, and recommended that the vice president succeed the executive in the event of a vacancy in that position, but would otherwise serve as the president of the Senate, casting a vote only to break a tie. Although delegates approved establishing the office, with both its executive and senatorial functions, not many understood the extent of the vice president's duties. Only a few states had an analogous position. Among those that did, New York's constitution provided that, "The lieutenant-governor shall, by virtue of his office, be president of the Senate, and, upon an equal division, have a casting voice in their decisions, but not vote on any other occasion."[9]

Convention delegates had previously considered the selection of the Senate's presiding officer, deciding that, "The Senate shall choose its own President," and had agreed that this official would be designated the executive's immediate successor. They had also considered the mode of election of the executive but had not reached consensus. This all changed on September 4, when the committee recommended that the nation's chief executive be elected by a group of electors apportioned among the states, with each state receiving a number of presidential electors equal to the sum of that state's allocation of representatives and senators.[10][11]

The formation of the office of vice president was a by-product of this recommendation. The proposed presidential election process called for each state to choose members of the electoral college who were mandated to vote for the candidate who had received most votes in their state. Recognizing that loyalty to one's individual state outweighed loyalty to the new federation, the Constitution's framers assumed that individual electors would be inclined to choose a candidate from their own state (a so-called "favorite son" candidate) over one from another. So they created the office of vice president and required that electors vote for two candidates, requiring that at least one of their votes must be for a candidate from outside the elector's state, believing that this second vote could be cast for a candidate of national character.[11][12] Additionally, to guard against the possibility that some electors might strategically throw away their second vote in order to bolster their favorite son's chance of winning, it was specified that the first runner-up presidential candidate would become vice president. Creating this new office imposed a political cost on strategically discarded electoral votes, incentivizing electors to make their choices for president without resort to electoral gamesmanship and to cast their second ballot accordingly.[11]

Roles of the vice president

The vice presidency was established primarily to provide a successor in the event of the president's death, disability, or resignation.[4][13] Vice presidents have two constitutionally mandated duties: to serve as President of the Senate (but without a vote, unless the Senate is evenly divided), and to receive from the states the tally of electoral ballots cast for president and vice president and to open the certificates during a joint session of Congress.[4] Other statutorily granted roles include membership of both the National Security Council and the Board of Regents of the Smithsonian Institution.[14][15]

President of the United States Senate

As President of the Senate (Article I, Section 3, Clause 4), the vice president has two primary duties: to cast a vote in the event of a Senate deadlock and to preside over and certify the official vote count of the Electoral College. For example, in the first half of 2001, the Senators were divided 50-50 between Republicans and Democrats. The Democrats had the majority from January 3 to noon January 20 with Al Gore's tie-breaking vote. Dick Cheney's tie-breaking vote gave the Republicans the Senate majority until June 6, 2001 when Jim Jeffords left the Republican Party.

Regular duties

The vice president oversees procedural matters in the Senate, and may cast a tie-breaking vote. There is a strong convention within the Senate that the vice president should not use his position as President of the Senate to influence the passage of legislation or act in a partisan manner, except in the case of breaking tie votes. As of February 2, 2018, a total of 262 tie-breaking votes had been cast by 36 vice presidents. As President of the Senate, John Adams cast 29 tie-breaking votes, a number later surpassed by John C. Calhoun with 31; no other vice president since then has ever threatened this record.[16] Adams's votes protected the president's sole authority over the removal of appointees, influenced the location of the national capital, and prevented war with Great Britain. On at least one occasion Adams persuaded senators to vote against legislation he opposed, and he frequently addressed the Senate on procedural and policy matters. Adams's political views and his active role in the Senate made him a natural target for critics of George Washington's administration. Toward the end of his first term, a threatened resolution that would have silenced him except for procedural and policy matters caused him to exercise more restraint in hopes of seeing his election as President of the United States.

Formerly, the vice president would preside regularly over Senate proceedings, but in modern times, the vice president rarely presides over day-to-day matters in the Senate; in their place, the Senate chooses a President pro tempore (or "president for a time") to preside in the vice president's absence; the Senate normally selects the longest-serving senator in the majority party. The President pro tempore has the power to appoint any other senator to preside, and in practice junior senators from the majority party are assigned the task of presiding over the Senate at most times.

Except for this tie-breaking role, the Standing Rules of the Senate vest no significant responsibilities in the vice president. Rule XIX, which governs debate, does not authorize the vice president to participate in debate, and grants only to members of the Senate (and, upon appropriate notice, former presidents of the United States) the privilege of addressing the Senate, without granting a similar privilege to the sitting vice president. Thus, as Time magazine wrote during the controversial tenure of Vice President Charles G. Dawes, "once in four years the Vice President can make a little speech, and then he is done. For four years he then has to sit in the seat of the silent, attending to speeches ponderous or otherwise, of deliberation or humor."[17]

Recurring, infrequent duties

The President of the Senate also presides over counting and presentation of the votes of the Electoral College. This process occurs in the presence of both houses of Congress, generally on January 6 of the year following a U.S. presidential election.[18] In this capacity, only four vice presidents have been able to announce their own election to the presidency: John Adams, Thomas Jefferson, Martin Van Buren, and George H. W. Bush. At the beginning of 1961, it fell to Richard Nixon to preside over this process, which officially announced the election of his 1960 opponent, John F. Kennedy. In 2001, Al Gore announced the election of his opponent, George W. Bush. In 1969, Vice President Hubert Humphrey would have announced the election of his opponent, Richard Nixon; however, on the date of the Congressional joint session (January 6), Humphrey was in Norway attending the funeral of Trygve Lie, the first elected Secretary-General of the United Nations. The president pro tempore presided in Humphrey's absence.[19]

In 1933, incumbent Vice President Charles Curtis announced the election of House Speaker John Nance Garner as his successor, while Garner was seated next to him on the House dais. The President of the Senate may also preside over most of the impeachment trials of federal officers. However, whenever the President of the United States is on trial, the Constitution requires the Chief Justice of the United States to preside. In 1986, the Senate extended this to cover vice presidents as well—the Constitution is silent as to who would preside in the instance where the vice president is the officer impeached.

Succession to the presidency

John Tyler was the first vice president to assume the presidency following the death of his predecessor.

The U.S. Constitution (Article II, Section 1, Clause 6) provides that "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, ..."[20] Initially, it was unclear whether this meant the vice president became the new president or merely an acting president. This was first tested in 1841 with the death of President William Henry Harrison. Harrison's vice president, John Tyler, asserted that he had succeeded to the full presidential office, powers, and title, and declined to acknowledge documents referring to him as "Acting President." Despite some strong calls against it, Tyler took the oath of office as the nation's tenth President. Although some in Congress denounced Tyler's claim as a violation of the Constitution,[20] it was not challenged legally, and so the Tyler precedent of full succession was established. This was made explicit by Section 1 of the Twenty-fifth Amendment to the United States Constitution, ratified in 1967. In total, nine incumbent Vice Presidents have succeeded to the presidency. In addition to Tyler they are Millard Fillmore, Andrew Johnson, Chester A. Arthur, Theodore Roosevelt, Calvin Coolidge, Harry S. Truman, Lyndon B. Johnson, and Gerald Ford.

Presidential disabilities

Another issue was who had the power to declare that an incapacitated president is unable to discharge his duties. This question had arisen most recently with the illnesses of President Dwight D. Eisenhower. Sections 3 and 4 of the amendment provide means for the vice president to become acting president upon the temporary disability of the president. Section 3 deals with self-declared incapacity of the president. Section 4 deals with incapacity declared by the joint action of the vice president and of a majority of the Cabinet or of such other body as Congress may by law provide. While Section 4 has never been invoked, Section 3 has been invoked three times: on July 13, 1985 when Ronald Reagan underwent surgery to remove cancerous polyps from his colon, and twice more on June 29, 2002 and July 21, 2007 when George W. Bush underwent colonoscopy procedures requiring sedation. Prior to this amendment, Vice President Richard Nixon informally assumed some of President Dwight Eisenhower's duties for several weeks on each of three occasions when Eisenhower was ill.[20]

Informal roles

The extent of any informal roles and functions of the vice president depend on the specific relationship between the president and the vice president, but often include tasks such as drafter and spokesperson for the administration's policies, adviser to the president, and being a symbol of American concern or support. The influence of the vice president in this role depends almost entirely on the characteristics of the particular administration. Dick Cheney, for instance, was widely regarded as one of President George W. Bush's closest confidants. Al Gore was an important adviser to President Bill Clinton on matters of foreign policy and the environment. Often, vice presidents are chosen to act as a "balance" to the president, taking either more moderate or radical positions on issues.

Under the American system the president is both head of state and head of government, and the ceremonial duties of the former position are often delegated to the vice president. The vice president is often assigned the ceremonial duties of representing the president and the government at state funerals or other functions in the United States. This often is the most visible role of the vice president, and has occasionally been the subject of ridicule, such as during the vice presidency of George H. W. Bush. The vice president may meet with other heads of state or attend state funerals in other countries, at times when the administration wishes to demonstrate concern or support but cannot send the president personally.

Office as stepping stone to the presidency

In recent decades, the vice presidency has frequently been used as a platform to launch bids for the presidency. The transition of the office to its modern stature occurred primarily as a result of Franklin Roosevelt's 1940 nomination, when he captured the ability to nominate his running mate instead of leaving the nomination to the convention. Prior to that, party bosses often used the vice presidential nomination as a consolation prize for the party's minority faction. A further factor potentially contributing to the rise in prestige of the office was the adoption of presidential preference primaries in the early 20th century. By adopting primary voting, the field of candidates for vice president was expanded by both the increased quantity and quality of presidential candidates successful in some primaries, yet who ultimately failed to capture the presidential nomination at the convention.

Of the thirteen presidential elections from 1956 to 2004, nine featured the incumbent president; the other four (1960, 1968, 1988, 2000) all featured the incumbent vice president. Former vice presidents also ran in 1984 (Walter Mondale) and in 1968 (Richard Nixon, against the incumbent vice president, Hubert Humphrey). The presidential election of 2008 was the first presidential election since 1928 that saw neither an incumbent president nor an incumbent or former vice president take part in any primary or general election for the presidency on a major party ticket. Nixon is the only vice president to have been elected president while not an incumbent, as well as the only person elected twice to both the presidency and vice presidency.

Selection process

Eligibility

John Adams, the first Vice President of the United States

To be Constitutionally eligible to serve as the nation's vice president, a person must, according to the 12th Amendment, meet the eligibility requirements to become president (which are stated in Article II, Section 1, Clause 5). Thus, to serve as vice president, an individual must:

A person who meets the above qualifications is still disqualified from holding the office of vice president under the following conditions:

  • Under Article I, Section 3, Clause 7, upon conviction in impeachment cases, the Senate has the option of disqualifying convicted individuals from holding federal office, including that of vice president;
  • Under Section 3 of the Fourteenth Amendment, no person who has sworn an oath to support the Constitution, who has later has gone to war against the United States, or given aid and comfort to the nation's enemies can serve in a state or federal office – including as vice president. This disqualification, originally aimed at former supporters of the Confederacy, may be removed by a two-thirds vote of each house of the Congress.[22]

An additional disqualifying condition may exist under the Twenty-second Amendment, which limits the number of times as person may be elected president to no more than twice. Constitutional scholars disagree on whether a president who has already served two full terms is also ineligible to be elected or appointed vice president, as suggested by the Twelfth Amendment.[23][24] One viewpoint is that the 22nd Amendment's presidential term limit disqualifies any two-term president from later serving as vice president as well as from succeeding to the presidency from any point in the United States presidential line of succession. From another point of view, based on the literal language of the Constitution, a two-term former president could become vice president, as he or she is only barred from being elected president a third time, not from serving as president.[25] The practical applicability of this distinction has not been tested, as no former president has ever sought the vice presidency.

Residency limitation

While it is commonly held that the president and vice president must be residents of different states, this is not actually the case. Nothing in the Constitution prohibits both candidates being from a single state.

Instead, the limitation in the Twelfth Amendment imposed is on the members of the Electoral College, who must cast a ballot for at least one candidate who is not from their own state.

In theory, the candidates elected could both be from one state, but the electors of that state would, in a close electoral contest, run the risk of denying their vice presidential candidate the absolute majority required to secure the election, even if the presidential candidate is elected. This would then place the vice presidential election in the hands of the Senate.

In practice, however, residency is rarely an issue. Parties have avoided nominating tickets containing two candidates from the same state. Further, the candidates may themselves take action to alleviate any residency conflict. For example, at the start of the 2000 election cycle Dick Cheney was a resident of Texas; Cheney quickly changed his residency back to Wyoming, where he had previously served as a U.S. Representative, when Texas governor and Republican presidential nominee George W. Bush asked Cheney to be his vice presidential candidate.

Nominating process

Though the vice president does not need to have any political experience, most major-party vice presidential nominees are current or former United States Senators or Representatives, with the occasional nominee being a current or former Governor, a high-ranking military officer, or a holder of a major post within the Executive Department. The vice presidential candidates of the major national political parties are formally selected by each party's quadrennial nominating convention, following the selection of the party's presidential candidates. The official process is identical to the one by which the presidential candidates are chosen, with delegates placing the names of candidates into nomination, followed by a ballot in which candidates must receive a majority to secure the party's nomination.

In practice, the presidential nominee has considerable influence on the decision, and in the 20th century it became customary for that person to select a preferred running mate, who is then nominated and accepted by the convention. In recent years, with the presidential nomination usually being a foregone conclusion as the result of the primary process, the selection of a vice presidential candidate is often announced prior to the actual balloting for the presidential candidate, and sometimes before the beginning of the convention itself. The first presidential aspirant to announce his selection for vice president before the beginning of the convention was Ronald Reagan who, prior to the 1976 Republican National Convention announced that Richard Schweiker would be his running mate. Reagan's supporters then sought to amend the convention rules so that Gerald R. Ford would be required to name his vice presidential running mate in advance as well. The proposal was defeated, and Reagan did not receive the nomination in 1976. Often, the presidential nominee will name a vice presidential candidate who will bring geographic or ideological balance to the ticket or appeal to a particular constituency.

The vice presidential candidate might also be chosen on the basis of traits the presidential candidate is perceived to lack, or on the basis of name recognition. To foster party unity, popular runners-up in the presidential nomination process are commonly considered. While this selection process may enhance the chances of success for a national ticket, in the past it often insured that the vice presidential nominee represented regions, constituencies, or ideologies at odds with those of the presidential candidate. As a result, vice presidents were often excluded from the policy-making process of the new administration. Many times their relationships with the president and his staff were aloof, non-existent, or even adversarial.

The ultimate goal of vice presidential candidate selection is to help and not hurt the party's chances of getting elected, nonetheless several vice presidential selections have been controversial. In 1984, Democratic nominee Walter Mondale's groundbreaking choice of Geraldine Ferraro as his running mate (the first woman in U.S. history nominated for Vice President by a major political party), became a drag on the ticket due to repeated questions about her husband's finances. A selection whose positive traits make the presidential candidate look less favorable in comparison or which can cause the presidential candidate's judgment to be questioned often backfire, such as in 1988 when Democratic candidate Michael Dukakis chose experienced Texas Senator Lloyd Bentsen; Bentsen was considered a more seasoned statesman in federal politics and somewhat overshadowed Dukakis. Questions about Dan Quayle's experience were raised in the 1988 presidential campaign of George H. W. Bush, but the Bush-Quayle ticket still won handily. James Stockdale, the choice of third-party candidate Ross Perot in 1992, was seen as unqualified by many and Stockdale had little preparation for the vice presidential debate, but the Perot-Stockdale ticket still won about 19% of the vote. In 2008, Republican John McCain chose Sarah Palin as his running mate over his primary rivals and/or campaign surrogates such as Mitt Romney or Tom Ridge. This surprise move would, it was hoped, draw women voters disappointed by Hillary Clinton's defeat in the Democratic presidential primaries into the McCain camp. Palin's selection soon came to be seen as a negative for McCain, due to her several controversies during her gubernatorial tenure which were highlighted by the press, and her feuding with McCain campaign chairman Steve Schmidt. This perception continued to grow throughout the campaign, especially after her interviews with Katie Couric led to concerns about her fitness for the presidency.[26]

Historically, vice presidential candidates were chosen to provide geographic and ideological balance to a presidential ticket, widening a presidential candidate's appeal to voters from outside his regional base or wing of the party. Candidates from electoral-vote rich states were usually preferred. However, in 1992, moderate Democrat Bill Clinton (of Arkansas) chose moderate Democrat Al Gore (of Tennessee) as his running mate. Despite the two candidates' near-identical ideological and regional backgrounds, Gore's extensive experience in national affairs enhanced the appeal of a ticket headed by Clinton, whose political career had been spent entirely at the local and state levels of government. In 2000, George W. Bush chose Dick Cheney of Wyoming, a reliably Republican state with only three electoral votes, and in 2008, Barack Obama mirrored Bush's strategy when he chose Joe Biden of Delaware, a reliably Democratic state, likewise one with only three electoral votes. Both Cheney and Biden were chosen for their experience in national politics (experience lacked by both Bush and Obama) rather than the ideological balance or electoral vote advantage they would provide.

The first presidential candidate to choose his vice presidential candidate was Franklin D. Roosevelt in 1940.[27] The last not to name a vice presidential choice, leaving the matter up to the convention, was Democrat Adlai Stevenson in 1956. The convention chose Tennessee Senator Estes Kefauver over Massachusetts Senator (and later president) John F. Kennedy. At the tumultuous 1972 Democratic convention, presidential nominee George McGovern selected Senator Thomas Eagleton as his running mate, but numerous other candidates were either nominated from the floor or received votes during the balloting. Eagleton nevertheless received a majority of the votes and the nomination, though he later resigned from the ticket, resulting in Sargent Shriver becoming McGovern's final running mate; both lost to the Nixon-Agnew ticket by a wide margin, carrying only Massachusetts and the District of Columbia.

In cases where the presidential nomination is still in doubt as the convention approaches, the campaigns for the two positions may become intertwined. In 1976, Ronald Reagan, who was trailing President Gerald R. Ford in the presidential delegate count, announced prior to the Republican National Convention that, if nominated, he would select Senator Richard Schweiker as his running mate. This move backfired to a degree, as Schweiker's relatively liberal voting record alienated many of the more conservative delegates who were considering a challenge to party delegate selection rules to improve Reagan's chances. In the end, Ford narrowly won the presidential nomination and Reagan's selection of Schweiker became moot.

In the 2008 Democratic presidential primaries which pitted Hillary Clinton against Barack Obama, Clinton suggested a Clinton-Obama ticket with Obama in the vice president slot as it would be "unstoppable" against the presumptive Republican nominee. Obama rejected the offer outright saying "I want everybody to be absolutely clear. I'm not running for vice president. I'm running for president of the United States of America" while noting "With all due respect. I won twice as many states as Sen. Clinton. I've won more of the popular vote than Sen. Clinton. I have more delegates than Sen. Clinton. So, I don't know how somebody who's in second place is offering vice presidency to the person who's in first place". Obama stated that the nomination process would have to be a choice between himself and Clinton, saying "I don't want anybody here thinking that 'Somehow, maybe I can get both'", by nominating Clinton as president and assuming he would be her running mate".[28][29] Some suggested that it was a ploy by the Clinton campaign to denigrate Obama as less qualified for the presidency.[30] Later, when Obama became the presumptive Democratic nominee, former President Jimmy Carter cautioned against Clinton being picked for the vice president slot on the ticket, saying "I think it would be the worst mistake that could be made. That would just accumulate the negative aspects of both candidates", citing opinion polls showing 50% of US voters with a negative view of Hillary Clinton.[31]

Election

Map of the United States showing the number of electoral votes allocated following the 2010 census to each state for the 2012, 2016 and 2020 presidential elections; it also notes that Maine and Nebraska distribute electoral votes by way of the Congressional District Method. 270 electoral votes are required for a majority out of 538 votes possible.

Vice presidents are elected indirectly in the United States. A number of electors, collectively known as the Electoral College, officially select the president and vice president. On Election Day, voters in each of the states and the District of Columbia cast ballots for these electors. Each state is allocated a number of electors, equal to the size of its delegation in both Houses of Congress combined. Generally, the ticket that wins the most votes in a state wins all of that state's electoral votes and thus has its slate of electors chosen to vote in the Electoral College.

The winning slate of electors meets at its state's capital on the first Monday after the second Wednesday in December, about six weeks after the election, to vote. They then send a record of that vote to Congress. The vote of the electors is opened by the sitting vice president, acting in his capacity as President of the Senate and read aloud to a joint session of the incoming Congress, which was elected at the same time as the president and vice president.

Oath and tenure

Pursuant to the Twentieth Amendment, the vice president's term of office begins at noon on January 20 of the year following the election. This date, known as Inauguration Day, marks the beginning of the four-year terms of both the president and vice president.

Although Article VI requires that the vice president take an oath or affirmation of allegiance to the US Constitution, unlike the president, the United States Constitution does not specify the precise wording of the oath of office for the vice president. Several variants of the oath have been used since 1789; the current form, which is also recited by Senators, Representatives and other government officers, has been used since 1884:

I, (first name last name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.[32][33]

The term of office for vice president is four years. While the Twenty-Second Amendment generally restricts the president to two terms, there is no such limitation on the office of vice president, meaning an eligible person could hold the office as long as voters continued to vote for electors who in turn would reelect the person to the office. Additionally, a vice president could even serve under different presidents. This has happened twice: George Clinton (1805–1812) served under both Thomas Jefferson and James Madison; and John C. Calhoun (1825–1832) served under John Quincy Adams and Andrew Jackson.[4]

Original election process and reform

Four vice presidents: L-R, outgoing President Lyndon B. Johnson (the 37th Vice President), incoming President Richard Nixon (36th), (Everett Dirksen administering oath), incoming Vice President Spiro Agnew (39th), and outgoing Vice President Hubert Humphrey (38th), January 20, 1969

Under the original terms of the Constitution (Article II, Section 1, Clause 3), the electors of the Electoral College voted only for office of president rather than for both president and vice president. Each elector was allowed to vote for two people for the top office; and could not differentiate between their first and second choice for the presidency. The person receiving the greatest number of votes (provided that such a number was a majority of electors) would be president, while the individual who received the next largest number of votes became vice president. If no one received a majority of votes, then the president and vice president would be elected by means of a Contingent election. The House of Representatives would choose among the five candidates with the largest numbers of votes, with each state's representatives together casting a single vote. In such a case, the person who received the highest number of votes but was not chosen president would become vice president. In the case of a tie for second, then the Senate would choose the vice president.[34]

The emergence of political parties and nationally coordinated election campaigns during the 1790s (which the Constitution's framers had not contemplated) soon frustrated this original plan. In the election of 1796, Federalist John Adams came in first, but because the Federalist electors had divided their second vote amongst several vice presidential candidates, Democratic-Republican Thomas Jefferson came second. Thus, the president and vice president were from opposing parties. Conflict between the two arose early on over the increasingly turbulent relations between the U.S. and France. Ultimately, Jefferson became more an "opposition leader", and actively sought to frustrate the president's policies. Then, in the election of 1800, Democratic-Republican electors (for reasons that are disputed), though clearly preferring Jefferson over Aaron Burr, the party's secondary candidate, sought to guarantee that their party won both offices, and cast 37 electoral votes for both Jefferson and Burr. In the contingent election that followed, Jefferson finally won on the 36th ballot, and Burr became vice president.[35]

This hardening of party lines and resultant straight-ticket voting practices led to the adoption of the Twelfth Amendment in 1804, which directs electors to use separate ballots to vote for the president and vice president.[35] While this solved the problems that had arisen under the previous system, it ultimately had the effect of lowering the prestige of the vice presidency, as the office was no longer for the leading challenger for the presidency. The amendment also prescribes that, if no vice presidential candidate receives an Electoral College majority, then the Senate selects the vice president, with a majority vote of the entire membership (currently 51 of 100 senators, assuming there are no vacancies) being necessary for election.[36] There has been only one such contingent election since the 12th Amendment was ratified. It occurred on February 8, 1837, when no candidate for the vice presidency received a majority of electoral votes in the 1836 election. By a 33-17 vote, Richard Mentor Johnson (Martin Van Buren's running mate) was elected the nation's ninth vice president.[37]

Salary

The vice president's salary is $230,700.[38] The salary was set by the 1989 Government Salary Reform Act, which also provides an automatic cost of living adjustment for federal employees. The vice president does not automatically receive a pension based on that office, but instead receives the same pension as other members of Congress based on his position as President of the Senate.[39] The vice president must serve a minimum of two years to qualify for a pension.[40]

Since 1974, the official residence of the vice president and their family has been Number One Observatory Circle, on the grounds of the United States Naval Observatory in Washington, D.C.

Impeachment

Article I, Section 2, Clause 5 and Article II, Section 4 of the Constitution both authorize the House of Representatives to serve as a "grand jury" with the power to impeach high federal officials, including the vice president, for "treason, bribery, or other high crimes and misdemeanors." Similarly, Article I, Section 3, Clause 6 and Article II, Section 4 both authorize the Senate to serve as a court with the power to remove impeached officials from office, given a two-thirds vote to convict. No vice president has ever been impeached.

Vacancies

Two women are flanked by two men in suits, standing in a room of the White House.
(Left to right) President Richard Nixon and First Lady Pat Nixon with Gerald Ford and Betty Ford after President Nixon nominated Ford to be Vice President, October 13, 1973.

Prior to ratification of the Twenty-fifth Amendment in 1967, no constitutional provision existed for filling an intra-term vacancy in the vice presidency. As a result, when one occurred, the office was left vacant until filled through the next ensuing election and inauguration. Between 1812 and 1967, the vice presidency was vacant on sixteen occasions—as a result of seven deaths,[41] one resignation, and eight cases in which the vice president succeeded to the presidency.

Section 2 of the Twenty-fifth Amendment established a procedure for filling such a vacancy.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Since it came into force the office has been vacant twice, until the confirmation of a new vice president by both houses of Congress and the swearing in ceremony. The first such instance occurred in 1973 following the resignation of Spiro Agnew, Richard Nixon's vice president. Gerald Ford was subsequently nominated by President Nixon and confirmed by Congress. The second occurred 10 months later when Nixon resigned following the Watergate scandal and Ford assumed the presidency. The resulting vice presidential vacancy was filled by Nelson Rockefeller.[20][41] Ford and Rockefeller are the only two people to have served as vice president without having been elected to the office, and Ford remains the only person to have served as both vice president and president without being elected to either office.

Vice Presidency vacancies[4]
Dates Length
in days
Reason Next Vice President
after vacancy
March 4, 1789 – April 21, 1789 48 Logistical delays as the new Federal Government began operations John Adams, following his inauguration
April 20, 1812 – March 4, 1813 318 George Clinton died Elbridge Gerry, following election of 1812
November 23, 1814 – March 4, 1817 832 Elbridge Gerry died Daniel D. Tompkins, following election of 1816
December 28, 1832 – March 4, 1833 66 John C. Calhoun resigned Martin Van Buren, following election of 1832
April 4, 1841 – March 4, 1845 1,430 John Tyler succeeded to presidency George M. Dallas, following election of 1844
July 9, 1850 – March 4, 1853 969 Millard Fillmore succeeded to presidency William R. King, following election of 1852
April 18, 1853 – March 4, 1857 1,416 William R. King died John C. Breckinridge, following election of 1856
April 15, 1865 – March 4, 1869 1,419 Andrew Johnson succeeded to presidency Schuyler Colfax, following election of 1868
November 22, 1875 – March 4, 1877 468 Henry Wilson died William A. Wheeler, following election of 1876
September 19, 1881 – March 4, 1885 1,262 Chester A. Arthur succeeded to presidency Thomas A. Hendricks, following election of 1884
November 25, 1885 – March 4, 1889 1,195 Thomas A. Hendricks died Levi P. Morton, following election of 1888
November 21, 1899 – March 4, 1901 468 Garret Hobart died Theodore Roosevelt, following election of 1900
September 14, 1901 – March 4, 1905 1,267 Theodore Roosevelt succeeded to presidency Charles W. Fairbanks, following election of 1904
October 30, 1912 – March 4, 1913 125 James S. Sherman died Thomas R. Marshall, following election of 1912
August 2, 1923 – March 4, 1925 580 Calvin Coolidge succeeded to presidency Charles G. Dawes, following election of 1924
April 12, 1945 – January 20, 1949 1,379 Harry S. Truman succeeded to presidency Alben W. Barkley, following election of 1948
November 22, 1963 – January 20, 1965 425 Lyndon B. Johnson succeeded to presidency Hubert Humphrey, following election of 1964
October 10, 1973 – December 6, 1973 57 Spiro Agnew resigned Gerald Ford, following confirmation by Congress
August 9, 1974 – December 19, 1974 132 Gerald Ford succeeded to presidency Nelson Rockefeller, following confirmation by Congress

Growth of the office

Though prominent as a Missouri Senator, Harry Truman had been vice president only three months when he became president; he was never informed of Franklin Roosevelt's war or postwar policies while vice president.

For much of its existence, the office of vice president was seen as little more than a minor position. John Adams, the first vice president, was the first of many frustrated by the "complete insignificance" of the office. To his wife Abigail Adams wrote, "My country has in its wisdom contrived for me the most insignificant office that ever the invention of man . . . or his imagination contrived or his imagination conceived; and as I can do neither good nor evil, I must be borne away by others and met the common fate."[42] John Nance Garner, who served as vice president from 1933 to 1941 under President Franklin D. Roosevelt, claimed that the vice presidency "isn't worth a pitcher of warm piss."[43] Harry Truman, who also served as vice president under Roosevelt, said that the office was as "useful as a cow's fifth teat."[44]

Thomas R. Marshall, the 28th vice president, lamented: "Once there were two brothers. One ran away to sea; the other was elected Vice President of the United States. And nothing was heard of either of them again."[45] His successor, Calvin Coolidge, was so obscure that Major League Baseball sent him free passes that misspelled his name, and a fire marshal failed to recognize him when Coolidge's Washington residence was evacuated.[46]

When the Whig Party asked Daniel Webster to run for the vice presidency on Zachary Taylor's ticket, he replied "I do not propose to be buried until I am really dead and in my coffin."[47] This was the second time Webster declined the office, which William Henry Harrison had first offered to him. Ironically, both of the presidents making the offer to Webster died in office, meaning the three-time presidential candidate could have become president if he had accepted either. Since presidents rarely died in office, however, the better preparation for the presidency was considered to be the office of Secretary of State, in which Webster served under Harrison, Tyler, and later, Taylor's successor, Fillmore.

In the first 100 years of the United States no fewer than seven proposals to amend the constitution to abolish the office of Vice President were advanced in the United States Congress.[48] The first such amendment was presented by Samuel W. Dana in 1800 and was defeated by a vote of 27 to 85 in the United States House of Representatives.[48] A second proposed amendment, introduced by United States Senator James Hillhouse in 1808 was also defeated.[48] During the late-1860s and 1870s, five additional amendments were proposed.[48] One supporter of the proposals, James Mitchell Ashley , opined that the office of Vice President was "superfluous" and dangerous.[48]

Garret Hobart, the first vice president under William McKinley, was one of the very few vice presidents at this time who played an important role in the administration. A close confidant and adviser of the president, Hobart was called "Assistant President."[49] However, until 1919, vice presidents were not included in meetings of the President's Cabinet. This precedent was broken by President Woodrow Wilson when he asked Thomas R. Marshall to preside over Cabinet meetings while Wilson was in France negotiating the Treaty of Versailles.[50] President Warren G. Harding also invited his vice president, Calvin Coolidge, to meetings. The next vice president, Charles G. Dawes, did not seek to attend Cabinet meetings under President Coolidge, declaring that "the precedent might prove injurious to the country."[51] Vice President Charles Curtis was also precluded from attending by President Herbert Hoover.

In 1933, Franklin D. Roosevelt raised the stature of the office by renewing the practice of inviting the vice president to cabinet meetings, which every president since has maintained. Roosevelt's first vice president, John Nance Garner, broke with him over the "court-packing issue, early in his second term, and became Roosevelt's leading critic. At the start of that term, on January 20, 1937, Garner had been the first Vice President to be sworn into office on the Capitol steps in the same ceremony with the president; a tradition that continues. Prior to that time, vice presidents were traditionally inaugurated at a separate ceremony in the Senate chamber. Gerald R. Ford and Nelson A. Rockefeller, who were both appointed to the office under the terms of the 25th amendment, were inaugurated in the House and Senate chambers, respectively.

Henry Wallace, Roosevelt's Vice President during his third term (1941–1945), was given major responsibilities during World War II. However, after numerous policy disputes between Wallace and other Roosevelt Administration and Democratic Party officials, he was denied renomination to office at the 1944 Democratic National Convention. Harry Truman was selected instead. During his 82 day vice presidency, Truman was not informed about any war or post-war plans, including the Manhattan Project, leading Truman to remark, wryly, that the job of the Vice President was to "go to weddings and funerals." As a result of this experience, Truman, after succeeding to the presidency upon Roosevelt's death, recognized the need to keep the Vice President informed on national security issues. Congress made the vice president one of four statutory members of the National Security Council in 1949.

The stature of the Vice-presidency grew again while Richard Nixon was in office (1953–1961). He attracted the attention of the media and the Republican party, when Dwight Eisenhower authorized him to preside at Cabinet meetings in his absence. Nixon was also the first vice president to formally assume temporary control of the executive branch, which he did after Eisenhower suffered a heart attack on September 24, 1955, ileitis in June 1956, and a stroke in November 1957.

Until 1961, vice presidents had their offices on Capitol Hill, a formal office in the Capitol itself and a working office in the Russell Senate Office Building. Lyndon B. Johnson was the first vice president to be given an office in the White House complex, in the Old Executive Office Building. The former Navy Secretary's office in the OEOB has since been designated the "Ceremonial Office of the Vice President" and is today used for formal events and press interviews. President Jimmy Carter was the first president to give his vice president, Walter Mondale, an office in the West Wing of the White House, which all vice presidents have since retained. Because of their function as Presidents of the Senate, vice presidents still maintain offices and staff members on Capitol Hill.

Though Walter Mondale's tenure was the beginning of the modern day power of the vice presidency, the tenure of Dick Cheney saw a rapid growth in the office of the vice president. Vice President Cheney held a tremendous amount of power and frequently made policy decisions on his own, without the knowledge of the President.[52] After his tenure, and during the 2008 presidential campaign, both vice presidential candidates, Sarah Palin and Joe Biden, stated the office had expanded too much under Cheney's tenure and both claimed they would reduce the role to simply being an adviser to the president.[53] This rapid growth has led to calls for abolition of the vice presidency from various constitutional scholars and political commentators such as: Arthur M. Schlesinger Jr., Matthew Yglesias, and Bruce Ackerman.[54][55][56]

Post–vice presidency

Walter Mondale (age 90)
since 1981 
George H. W. Bush (age 94)
since 1989 
Dan Quayle (age 71)
since 1993 
Al Gore (age 70)
since 2001 
Dick Cheney (age 77)
since 2009 
Joe Biden (age 75)
since 2017 

Four vice presidents have been elected to the presidency while serving as vice president: John Adams, Thomas Jefferson, Martin Van Buren and George H. W. Bush. Additionally, John C. Breckinridge, Richard Nixon, Hubert Humphrey and Al Gore were each nominated by their respective parties, but did not succeed the presidents with whom they were elected, though Nixon was elected president eight years later.

Two former vice presidents unsuccessfully sought a non-conconsecutive term in office:

One vice president sought the office unsuccessfully, but was later elected to it:

Several former vice presidents have sought other offices after serving as vice president:

Since 1977, former presidents and vice presidents who are elected or re-elected to the Senate are entitled to the largely honorific position of Deputy President pro tempore. So far, the only former vice president to have held this title is Hubert Humphrey following his return to the Senate. Walter Mondale would have been entitled to the position had his 2002 Senate bid been successful.

Under the terms of an 1886 Senate resolution, all former vice presidents are entitled to a portrait bust in the Senate wing of the United States Capitol, commemorating their service as presidents of the Senate. Dick Cheney is the most recent former vice president to be so honored.

Unlike former presidents, who receive a pension automatically regardless of their time in office, former vice presidents must reach pension eligibility by accumulating the appropriate time in federal service. Since 2008, former vice presidents are also entitled to Secret Service personal protection.[57] Former vice presidents traditionally receive Secret Service protection for up to six months after leaving office, by order of the Secretary of Homeland Security, though this can be extended if the Secretary believes the level of threat is sufficient.[58]

In 2008, a bill titled the "Former Vice President Protection Act" was passed by Congress and signed into law by President Bush.[59] It provides six-month Secret Service protection by law to a former vice president and family. According to the Department of Homeland Security, protection for former vice president Cheney has been extended numerous times because threats against him have not decreased since his leaving office.[60]

Timeline of vice presidents

This is a graphical timeline listing of the Vice Presidents of the United States.

Mike Pence Joe Biden Dick Cheney Al Gore Dan Quayle George H. W. Bush Walter Mondale Nelson Rockefeller Gerald Ford Spiro Agnew Hubert Humphrey Lyndon B. Johnson Richard Nixon Alben W. Barkley Harry S. Truman Henry A. Wallace John N. Garner Charles Curtis Charles G. Dawes Calvin Coolidge Thomas R. Marshall James S. Sherman Charles W. Fairbanks Theodore Roosevelt Garret Hobart Adlai Stevenson I Levi P. Morton Thomas A. Hendricks Chester A. Arthur William A. Wheeler Henry Wilson Schuyler Colfax Andrew Johnson Hannibal Hamlin John C. Breckinridge William R. King Millard Fillmore George M. Dallas John Tyler Richard M. Johnson Martin Van Buren John C. Calhoun Daniel D. Tompkins Elbridge Gerry George Clinton (vice president) Aaron Burr Thomas Jefferson John Adams


See also

References

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  2. ^ Feerick, John. "Essays on Amendment XXV: Presidential Succession". The Heritage Guide to the Constitution. The Heritage Foundation. Retrieved February 20, 2018. 
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  5. ^ a b Goldstein, Joel K. (1995). "The New Constitutional Vice Presidency". Wake Forest Law Review. Winston Salem, NC: Wake Forest Law Review Association, Inc. 30: 505. 
  6. ^ Garvey, Todd (2008). "A Constitutional Anomaly: Safeguarding Confidential National Security Information Within the Enigma That Is the American Vice Presidency". William & Mary Bill of Rights Journal. Williamsburg: Publications Council of the College of William and Mary. 17: 565. 
  7. ^ Subhawong, Aryn (2008). "A Realistic Look at the Vice Presidency: Why Dick Cheney Is An "Entity Within the Executive Branch"". Saint Louis University Law Journal. Saint Louis: Saint Louis University School of Law. 53: 281. 
  8. ^ "Vice President Mike Pence". the White House. Retrieved January 24, 2017. 
  9. ^ "The Senate and the United States Constitution". www.senate.gov. Washington, D.C.: Secretary of the Senate. Retrieved February 20, 2018. 
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  11. ^ a b c Albert, Richard (2005). "The Evolving Vice Presidency". Temple Law Review. Philadelphia, Pennsylvania: Temple University of the Commonwealth System of Higher Education. 78: 811, at 816–19. 
  12. ^ Rathbone, Mark (December 2011). "US Vice Presidents". History Review. No. 71. London: History Today. Retrieved February 21, 2018. 
  13. ^ Draper, Robert (July 20, 2016). "How Donald Trump Picked His Running Mate". Nytimes.com. Retrieved July 24, 2016. 
  14. ^ 50 U.S.C. § 402
  15. ^ 20 U.S.C. § 42
  16. ^ "Occasions When Vice President Have Voted to Break Tie Votes in the Senate" (PDF). www.senate.gov. Washington, D.C.: Secretary of the Senate. Retrieved February 20, 2018. 
  17. ^ "President Dawes," Time Magazine, December 14, 1924.
  18. ^ 3 U.S.C. § 15
  19. ^ "St. Petersburg Times, January 7, 1969, p. 6A". News.google.com. January 7, 1969. Retrieved October 30, 2011. 
  20. ^ a b c d Feerick, John D. (2011). "Presidential Succession and Inability: Before and After the Twenty-Fifth Amendment". Fordham Law Review. New York City: Fordham University School of Law. 79 (3): 907–949. Retrieved July 7, 2017. 
  21. ^ "Twelfth Amendment". Annenberg Classroom. Philadelphia, Pennsylvania: The Annenberg Public Policy Center. Retrieved February 21, 2018. 
  22. ^ "Fourteenth Amendment". Annenberg Classroom. Philadelphia, Pennsylvania: The Annenberg Public Policy Center. Retrieved February 21, 2018. 
  23. ^ See: Peabody, Bruce G.; Gant, Scott E. (1999). "The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment". Minnesota Law Review. Minneapolis, MN: Minnesota Law Review. 83: 565. 
  24. ^ See: Albert, Richard (2005). "The Evolving Vice Presidency". Temple Law Review. Philadelphia, PA: Temple University of the Commonwealth System of Higher Education. 78: 811, at 856–59. 
  25. ^ Baker, Peter (October 20, 2006). "VP Bill? Depends on Meaning of 'Elected'". The Washington Post. Retrieved February 25, 2018. 
  26. ^ Nagourney, Adam (September 30, 2008). "Concerns About Palin's Readiness as Big Test Nears". The New York Times. p. A16. Retrieved April 9, 2011. 
  27. ^ The "Veepstakes": Strategic Choice in Presidential Running Mate Selection, by Lee Sigelman and Paul J. Wahlbeck, American Political Science Review, December 1997
  28. ^ Stratton, Allegra; Nasaw, Daniel (March 11, 2008). "Obama scoffs at Clinton's vice-presidential hint". The Guardian. London. 
  29. ^ "Obama rejects being Clinton's No. 2". CNN. March 11, 2008. 
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  31. ^ Freedland, Jonathan (June 4, 2008). "US elections: Jimmy Carter tells Barack Obama not to pick Hillary Clinton as running mate". The Guardian. London. 
  32. ^ See: 5 U.S.C. § 3331
  33. ^ "OATHS - Rules of the Senate - United States Senate Committee on Rules and Administration". 
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  35. ^ a b Fried, Charles. "Essays on Amendment XII: Electoral College". The Heritage Guide to the Constitution. The Heritage Foundation. Retrieved February 20, 2018. 
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  37. ^ "Richard Mentor Johnson, 9th Vice President (1837-1841)". www.senate.gov. Washington, D.C.: Secretary of the Senate. Retrieved February 20, 2018. 
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  39. ^ Purcell, Patrick J. (January 21, 2005). "Retirement Benefits for Members of Congress" (PDF). Washington, D.C.: Congressional Research Service, The Library of Congress. 
  40. ^ Emily Yoffe (January 3, 2001). "Pension information". Slate.com. Retrieved August 9, 2009. 
  41. ^ a b "Succession: Presidential and Vice Presidential Fast Facts". CNN. September 26, 2016. Retrieved January 15, 2017. 
  42. ^ Smith, Page (1962). John Adams. Volume II 1784–1826. New York: Doubleday. p. 844. LCCN 63-7188. 
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  44. ^ "Nation: Some Day You'll Be Sitting in That Chair". Time.com. November 29, 1963. Retrieved October 3, 2014. 
  45. ^ "A heartbeat away from the presidency: vice presidential trivia". Case Western Reserve University. October 4, 2004. Retrieved September 12, 2008. 
  46. ^ Greenberg, David (2007). Calvin Coolidge profile. Macmillan. pp. 40–41. ISBN 0-8050-6957-7. 
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  49. ^ "Garret Hobart". Retrieved August 25, 2008. 
  50. ^ Harold C. Relyea (February 13, 2001). "The Vice Presidency: Evolution of the Modern Office, 1933–2001" (PDF). Congressional Research Service. 
  51. ^ "U.S. Senate Web page on Charles G. Dawes, 30th Vice President (1925–1929)". Senate.gov. Retrieved August 9, 2009. 
  52. ^ Kenneth T. Walsh (October 3, 2003). "Dick Cheney is the most powerful vice president in history. Is that good?". U.S. News and World Report. Archived from the original on February 5, 2011. Retrieved September 13, 2015. 
  53. ^ "Full Vice Presidential Debate with Gov. Palin and Sen. Biden". YouTube. Retrieved October 30, 2011. 
  54. ^ Natoli, Marie (1979). "Abolish the Vice-Presidency?" (PDF). Presidential Studies Quarterly. 9 (2): 202–203. 
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  56. ^ Ackerman, Bruce (October 2, 2008). "Abolish the vice presidency". Los Angeles Times. Retrieved December 28, 2017. 
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  59. ^ "Former Vice President Protection Act of 2008". Opencongress.org. Retrieved August 9, 2009. 
  60. ^ "President Barack Obama authorizes extended Secret Service guard for former VP Dick Cheney". Daily News. New York. July 21, 2009. 

Further reading

  • Goldstein, Joel K. (1982). The Modern American Vice Presidency. Princeton University Press. ISBN 0-691-02208-9. 
  • Tally, Steve (1992). Bland Ambition: From Adams to Quayle—The Cranks, Criminals, Tax Cheats, and Golfers Who Made It to Vice President. Harcourt. ISBN 0-15-613140-4. 

External links

  • White House website for the Vice President Mike Pence
  • Vice-President Elect Chester Arthur on Expectations of VP Shapell Manuscript Foundation
  • A New Nation Votes: American Election Returns 1787–1825
Current U.S. presidential line of succession
Preceded by
None
1st in line Succeeded by
Speaker of the House of Representatives
Paul Ryan
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