The new report Preserving Our Institutions: Presidential Succession, the second to be produced by the AEI-Brookings Continuity of Government Commission, delves into the issues surrounding succession to the presidency.

It begins with a hypothetical account of a catastrophic terrorist attack during the State of the Union address; this attack, and the ensuing confusion over who actually holds the presidency, illustrates the weaknesses in the existing system of presidential succession.

The report goes on to explain the constitutional and legislative basis for succession to the presidency, and it provides seven specific recommendations for how the flaws in the current succession process may be fixed.

PREFACE: THE CONTUNUITY OF GOVERNMENT
The Continuity of the Three Branches of Government. September 11th dispelled the United States’ naive attitude towards security of its homeland. The three airplanes that hit the World Trade Center towers and the Pentagon caused severe damage and a horrific loss of life.

A fourth plane was downed in a field in Pennsylvania by brave passengers who stormed the cockpit. That fourth plane was headed toward Washington, likely towards the U.S. Capitol. Al Qaeda targeted our top government leaders.

A lesser-known fifth plane – probably headed for the White House – was likely prevented from its course by the arrest of Zacarias Moussaoui. Had this part of the plan been successfully executed, September 11th would have brought additional tragedy in loss of life and destruction of symbolic buildings. It would have hindered the ability of our government to respond to the attack. In short, Al Qaeda has shown interest in incapacitating the leadership of our government.

And where Al Qaeda has failed in the past, such as in the 1993 World Trade Center bombing, it has returned to strike again. ...

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THE SECOND REPORT OF THE CONTINUITY OF GOVERNMENT COMMISSION
JUNE 2009
Continuity of Government Commission
American Enterprise Institute
1150 Seventeenth Street, NW
Washington, DC 20036
continuity@aei.org

CONTENTS
Preface: The Continuity of Government 5
Commissioner Biographies 7
Scenario: Confusion 17
Presidential Succession: Is Our Current System Adequate to Protect the
Presidency Against Catastrophic Attacks? 25
The Original Constitution 25
Congress’ Presidential Succession Acts and the 20th Amendment 26
Bumping Procedures 33
Additional Minor Provisions of the Current Presidential Succession Act 34
Eisenhower’s Illnesses, the Kennedy Assassination, and the 25th Amendment 35
Major Problems with Our Succession System 39
Recommendations 45
Conclusion 51
Appendices 53
I. Constitutional Provisions 53
II. Congressional Provisions 58
III. Federal Provisions for Filling Senate Vacancies 63
IV. President Truman’s Special Message to the Congress on the Succession to the Presidency,
June 19, 1945 64
V. Presidential Deaths in Office 66
VI. Vice Presidential Vacancies 67
Summary of Central Recommendation 68

SUMMARY OF CENTRAL RECOMMENDATION
PROBLEM: The current constitutional and legal provisions fail to take into account the possibility of a catastrophic attack on Washington, D.C. Since all individuals included in the Presidential line of succession are based in our nation’s capital, a catastrophic attack on the city could potentially kill or incapacitate many if not all of these individuals and cause significant confusion about who can assume the powers of the presidency.

With the inclusion of members of Congress and acting cabinet secretaries in the line of succession, all of whom must resign from their current positions before assuming the presidency and can then be “bumped” from the presidency by an individual ranking higher in the line of succession, it is possible to have no one remaining in the line of succession. Current procedures leave our nation especially vulnerable at presidential inaugurations and State of the Union Addresses.

RECOMMENDATION: A reordering of the Presidential line of succession to: Vice President, Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, followed by four or five newly appointed individuals residing outside of Washington, D.C. A dual vacancy in the presidency and vice presidency during the first two years of a term should trigger a special election within five months. The winner of the election would serve the remainder of the term and would displace the temporary successor.

The commission recommends removing Congressional leaders and acting secretaries from the line of succession to limit confusion over who can assume power. It also recommends reducing the time between the casting and counting of electoral votes as well as for Congress to clarify procedures for incapacitation and create guidelines for continuity in the event of an attack at the presidential inauguration or during the time period before the inauguration.

If possible, the outgoing president should appoint some or all of the incoming president’s cabinet nominees prior to the inauguration to ensure individuals will remain in the line of succession. The commission believes these changes to the current provisions are necessary to ensure continuity of the United States’ Presidency when our nation is most vulnerable.

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