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53-601: United States Secretary of State John Hay had issued the "Open Door Notes" of September–November 1899, followed by a diplomatic circular in July 1900, asking that all of the major world powers with vested interests in Qing-dynasty China declare formally that they would maintain an 'open door' to allow all nations equal rights and equal access to the treaty ports within their spheres of influence in China. Fearing that

106-602: A decapitation strike that would kill or incapacitate multiple individuals in the presidential line of succession in addition to many members of Congress and the federal judiciary. In the years immediately following the attacks, numerous wide-ranging discussions were started, in Congress, among academics and within the public policy community about continuity of government concerns including the existing constitutional and statutory provisions governing presidential succession. These discussions remain ongoing. One effort put forward by

159-532: A consolation prize for failed presidential candidates. United States presidential line of succession The United States presidential line of succession is the order in which the vice president of the United States and other officers of the United States federal government assume the powers and duties of the U.S. presidency (or the office itself, in the instance of succession by

212-429: A constitutional mandate to carry out the full powers and duties of the presidency, asserting he was the president and not merely a temporary acting president, by taking the presidential oath of office . Many around him—including John Quincy Adams , Henry Clay and other members of Congress, along with Whig party leaders, and even Tyler's own cabinet —believed that he was only acting as president and did not have

265-532: A decade later through Sections 3 and 4 of the Twenty-fifth Amendment, which resolved the uncertainties surrounding presidential disability. Nine vice presidents have succeeded to the presidency intra-term, eight due to the president's death, and one due to the president's resignation from office. Additionally, three vice presidents have temporarily assumed the powers and duties of the presidency as acting president, as authorized by Section 3 of

318-431: A double vacancy arose was also dropped. The need for increasing the number of presidential successors was abundantly clear to Congress, for twice within the span of just over four years it happened that there was no one in the presidential line of succession. In September 1881, when Chester A. Arthur succeeded to the presidency following James A. Garfield 's death, there was no vice president, no president pro tempore of

371-705: A policy of equality in Manchuria and the rest of Mainland China . These agreements concluded with Lansing–Ishii Agreement in 1917, which was soon shown to be completely ineffective. During the Washington Naval Conference of 1921–1922, the United States government again raised the Open Door Policy as an international issue, and had all of the attendees (United States, Republic of China , Imperial Japan , France , Great Britain , Italy , Belgium , Netherlands , and Portugal ) sign

424-564: A president's death, one that was subsequently written into the Constitution as section 1 of the Twenty-fifth Amendment. Even after the precedent regarding presidential succession due to the president's death was set, the part of the Presidential Succession Clause that provided for replacing a disabled president remained unclear. What constituted an "inability"? Who determined the existence of an inability? Did

477-596: A real possibility three years later, when, with the vice presidency vacant, Johnson as president was impeached by the House of Representatives and faced removal from office if convicted at trial in the Senate. Johnson was acquitted by a one-vote margin. The 25th Amendment's mechanism for filling vice presidential vacancies has reduced the likelihood that the House speaker, Senate president pro tempore, or any cabinet member will need to serve as acting president. In October 1973,

530-402: A representative of the United States. The secretary communicates issues relating to the U.S. foreign policy to Congress and citizens. The secretary also provides services to U.S. citizens living or traveling abroad such as providing credentials in the form of passports. Doing this, the secretary also ensures the protection of citizens, their property, and interests in foreign countries. What are

583-623: A vice president become president for the rest of the presidential term in the case of an inability; or was the vice president merely "acting as President"? Due to this lack of clarity, later vice presidents were hesitant to assert any role in cases of presidential inability. Two situations are noteworthy: When President Dwight D. Eisenhower suffered a heart attack in September 1955, he and Vice President Richard Nixon developed an informal plan authorizing Nixon to assume some administrative duties during Eisenhower's recovery. Although it did not have

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636-1017: Is fourth in line to succeed the presidency , after the vice president , the speaker of the House of Representatives , and the president pro tempore of the Senate . Six past secretaries of state – Jefferson , Madison , Monroe , John Quincy Adams , Van Buren and Buchanan  – have gone on to be elected president. Others, including Henry Clay , Daniel Webster , Lewis Cass , John C. Calhoun , John M. Clayton , William L. Marcy , William Seward , Edward Everett , Jeremiah S. Black , James Blaine , Elihu B. Washburne , Thomas F. Bayard , John Sherman , Walter Q. Gresham , William Jennings Bryan , Philander C. Knox , Charles Evans Hughes , Elihu Root , Cordell Hull , Edmund Muskie , Alexander Haig , John Kerry , and Hillary Clinton have also campaigned as presidential candidates, either before or after their term of office as Secretary of State, but were ultimately unsuccessful. The position of Secretary of State has therefore been viewed to be

689-470: Is highest and fourth in line (after the Senate president pro tem); the other Cabinet secretaries follow in the order of when their departments (or the department of which their department is the successor) were created. Those heads of department who are constitutionally not "eligible to the Office of President" are disqualified from assuming the powers and duties of the president through succession and skipped to

742-495: Is referred to multiple times in the U.S. Constitution : Article II, Section 1, Clause 6 , the 12th Amendment , 20th Amendment , and 25th Amendment . The vice president is designated as first in the presidential line of succession by the Article II succession clause, which also authorizes Congress to provide for a line of succession beyond the vice president. It has done so on three occasions. The Presidential Succession Act

795-546: Is therefore considered analogous to a minister of foreign affairs in other countries. The secretary of state is nominated by the president of the United States and, following a confirmation hearing before the Senate Committee on Foreign Relations , is confirmed by the Senate . The secretary of state, along with the secretary of the treasury , secretary of defense , and attorney general , are generally regarded as

848-600: The Continuity of Government Commission , a nonpartisan think tank , produced three reports (2003, 2009, and 2011), the second of which focused on the implicit ambiguities and limitations in the succession act, and contained recommendations for amending the laws for succession to the presidency. The presidential order of succession is set by the Presidential Succession Act of 1947, as amended. The order consists of congressional officers, followed by

901-472: The European powers and Japan were preparing to carve China up into colonies, Hay also added provisions that Chinese territorial and administrative integrity should be maintained. Although no nation specifically affirmed Hay’s proposal, Hay announced that each of the powers had granted consent in principle and treaties made after 1900 make reference to the Open Door Policy . Nonetheless, competition between

954-735: The Four-Power Treaty , the Five-Power Treaty , and the Shangtung Treaty. The Nine-Power Treaty lacked any enforcement regulations, and when violated by Japan during its invasion of Manchuria in 1931 and creation of Manchukuo , the United States could do little more than issue protests and impose economic sanctions . In November 1937, the signatories of the Nine-Power Treaty convened in Brussels for

1007-572: The Nine Power Treaty Conference after the outbreak of the Second Sino-Japanese War but to no avail. However, the treaty eventually had a role in checking Japanese aggression during the 1932 Battle of Shanghai . World War II effectively ended the Nine-Power Treaty. United States Secretary of State The United States Secretary of State ( SecState ) is a member of the executive branch of

1060-478: The federal government and the head of the Department of State . The office holder is the second-highest-ranking member of the president's Cabinet , after the vice president, and ranks fourth in the presidential line of succession ; first amongst cabinet secretaries. Created in 1789 with Thomas Jefferson as its first office holder, the secretary of state represents the United States to foreign countries, and

1113-472: The Constitution, such as James Madison , criticized the arrangement as being contrary to their intent. The decision to build the line of succession around those two officials was made after a long and contentious debate. In addition to the president pro tempore and the speaker, both the secretary of state and the chief justice of the Supreme Court were also suggested. Including the secretary of state

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1166-542: The Great Seal, performance of protocol functions for the White House , and the drafting of certain proclamations. The secretary also negotiates with the individual states over the extradition of fugitives to foreign countries. Under federal law, the resignation of a president or of a vice president is valid only if declared in writing, in an instrument delivered to the office of the secretary of state. Accordingly,

1219-482: The House and president pro tempore of the Senate to the line of succession—but in reverse-order from their 1792 positions—and placed them ahead of the members of the Cabinet, positioned, as before, in the order of the establishment of their department. Placing the speaker and the president pro tempore (both elected officials) back in the succession and placing them ahead of cabinet members (all of whom are appointed by

1272-780: The Nine-Power Treaty which intended to make the Open Door Policy international law . The Nine-Power Treaty, concurrent with the Shantung Treaty of the Washington Naval Conference, effectively prompted Japan to return territorial control of Shandong province, of the Shandong Problem , to the Republic of China. The Nine-Power Treaty was one of several treaties concluded at the Washington Naval Conference. Other major agreements included

1325-471: The Presidential Succession Clause in Article II of the Constitution clearly provided for the vice president to take over the "powers and duties" of the presidency in the event of a president's removal, death, resignation, or inability, left unclear was whether the vice president became president of the United States or simply temporarily acted as president in a case of succession. Some historians, including Edward Corwin and John D. Feerick , have argued that

1378-697: The Qualifications of a Secretary of State? He ought to be a Man of universal Reading in Laws, Governments, History. Our whole terrestrial Universe ought to be summarily comprehended in his Mind. — John Adams Secretaries of state also have domestic responsibilities. Most of the historical domestic functions of the Department of State were gradually transferred to other agencies by the late 19th century as part of various administrative reforms and restructurings. Those that remain include storage and use of

1431-585: The Secretary of State must take in order to facilitate the return of abducted children from nations who are party to the Hague Convention on the Civil Aspects of International Child Abduction . As the highest-ranking member of the cabinet, the secretary of state is the third-highest official of the executive branch of the U.S. federal government, after the president and vice president, and

1484-468: The Senate, and no Speaker of the House of Representatives. Then, in November 1885, Grover Cleveland faced a similar situation, following the death of Vice President Thomas A. Hendricks , as the Senate and the House had not convened yet to elect new officers. The Presidential Succession Act of 1947 ( Full text   [REDACTED] ), which was signed into law on July 18, 1947, restored the speaker of

1537-554: The Twenty-fifth Amendment: George H. W. Bush did so once, on July 13, 1985; Dick Cheney did so twice, on June 29, 2002 and again on July 21, 2007; and Kamala Harris did so on November 19, 2021. While several vice presidents have succeeded to the presidency upon the death or resignation of the president, and a number of them have died or resigned, the offices of president and vice president have never been simultaneously vacant; thus no other officer in

1590-446: The current Presidential Succession Act is less clear than that of the 1886 Act with respect to Senate confirmation. The 1886 Act refers to "such officers as shall have been appointed by the advice and consent of the Senate to the office therein named …" The current act merely refers to "officers appointed, by and with the advice and consent of the Senate." Read literally, this means that the current act allows for acting secretaries to be in

1643-579: The department. The stated duties of the secretary of state are to supervise the United States foreign service and immigration policy and administer the Department of State. The secretary must also advise the president on U.S. foreign matters such as the appointment of diplomats and ambassadors, advising the president of the dismissal and recall of these people. The secretary of state can conduct negotiations, interpret, and terminate treaties relating to foreign policy. The secretary also can participate in international conferences, organizations, and agencies as

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1696-409: The election would occur the following year; or unless the vacancies occurred within the last year of the presidential term, in which case the next election would take place as regularly scheduled). The persons elected president and vice president in such a special election would have served a full four-year term beginning on March 4 of the next year. No such election ever took place. Various framers of

1749-508: The force of law, the plan helped to reassure the nation. The agreement also contained a provision whereby Eisenhower could declare his own inability and, if unable to do so, empowered Nixon, with appropriate consultation, to make the decision. Had it been invoked, Nixon would have served as acting president until the president issued a declaration of his recovery. Moved forward as a consequence of President Kennedy's November 1963 assassination, this informal plan evolved into constitutional procedure

1802-488: The four most crucial Cabinet members because of the importance of their respective departments. Secretary of State is a Level I position in the Executive Schedule and thus earns the salary prescribed for that level $ 246,400, as of January 2024. The current secretary of state is Antony Blinken , who was confirmed on January 26, 2021, by the Senate by a vote of 78–22. The secretary of state originates from

1855-479: The framers' intention was that the vice president would remain vice president while executing the powers and duties of the presidency until a new president could be elected. The hypothetical debate about whether the office or merely the powers of the office devolve upon a vice president who succeeds to the presidency between elections became an urgent constitutional issue in 1841, when President William Henry Harrison died in office. Vice President John Tyler claimed

1908-591: The government under the Articles of Confederation . The Congress of the Confederation established the Department of Foreign Affairs in 1781 and created the office of secretary of foreign affairs. After the Constitution of the United States was ratified, the 1st United States Congress reestablished the department, renaming it the Department of State, and created the office of secretary of state to lead

1961-459: The line of succession as long as they are confirmed by the Senate for a post (even for example, the second or third in command within a department). It is common for a second in command to become acting secretary when the secretary leaves office. Though there is some dispute over this provision, the language clearly permits acting secretaries to be placed in the line of succession. (We have spoken to acting secretaries who told us they had been placed in

2014-486: The members of the President's cabinet in the order of the establishment of the various departments, beginning with the Secretary of State, and stipulated that any official discharging the powers and duties of the presidency must possess the constitutional qualifications to hold the office. The president pro tempore and Speaker were excluded from the new line, and the provision mandating a special presidential election when

2067-415: The members of the cabinet in the order of the establishment of each department, provided that each officer satisfies the constitutional requirements for serving as president. In the table below, the absence of a number in the first column indicates that the office is either vacant, or that the incumbent is ineligible. Article II, Section 1, Clause 5 of the Constitution sets three qualifications for holding

2120-410: The next in line. Since 1789, the vice president has succeeded to the presidency intra-term on nine occasions: eight times due to the incumbent's death, and once due to resignation. No one lower in the line of succession has ever been called upon to act as president. Widely considered a settled issue during the late 20th century, the terrorist attacks of September 11, 2001 demonstrated the potential for

2173-414: The office itself. He was nicknamed "His Accidency" and excoriated as a usurper. Nonetheless, Tyler adhered to his position, even returning, unopened, mail addressed to the "Acting President of the United States" sent by his detractors. Tyler's view ultimately prevailed when the House and Senate voted to accept the title "President", setting a precedent for an orderly transfer of presidential power following

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2226-499: The presidency should, whenever possible, "be filled by an elective officer." The 1947 act has been modified several times, with changes being made as the face of the federal bureaucracy has changed over the ensuing years. Its most recent change came about in 2006, when the USA PATRIOT Improvement and Reauthorization Act added the secretary of homeland security to the presidential line of succession. Although

2279-553: The presidency: One must be a natural-born citizen of the United States (or a citizen at the time of the adoption of the Constitution, in 1788), be at least 35 years of age and have been a resident in the United States for at least fourteen years. The presidential line of succession is mentioned in four places in the Constitution: The Presidential Succession Act of 1792 ( Full text   [REDACTED] ) provided for succession after

2332-498: The president and vice president: first, the president pro tempore of the Senate, followed by the speaker of the House. The statute provided that the presidential successor would serve in an acting capacity, holding office only until a new president could be elected. A special election was to be held in November of the year in which dual vacancies occurred (unless the vacancies occurred after the first Wednesday in October, in which case

2385-524: The president with the advice and consent of the Senate), was Harry S. Truman 's idea. Personally conveyed to Congress in June 1945, two months after becoming president upon Franklin D. Roosevelt 's death, the proposal reflected Truman's belief that the president should not have the power to appoint to office "the person who would be my immediate successor in the event of my own death or inability to act", and that

2438-477: The presidential line of succession has ever been called upon to act as president. There was potential for such a double vacancy when John Wilkes Booth assassinated President Abraham Lincoln in 1865, as Vice President Andrew Johnson was also targeted (along with Secretary of State William Seward and possibly General Ulysses S. Grant ) as part of Booth's plot to destabilize the Union government. It again became

2491-515: The resignation of Vice President Spiro Agnew made House Speaker Carl Albert first in line to succeed President Richard Nixon  – but only briefly, as Gerald Ford was sworn in as vice president on December 6, 1973. On August 9, 1974, Nixon resigned the presidency, making Ford president; Albert was then again next in line, but only for the four months it took for Nelson Rockefeller to be nominated and confirmed as Ford's vice president. Since 1789 there have been eighteen instances of

2544-518: The resignations of President Richard Nixon and of Vice President Spiro Agnew were formalized in instruments delivered to then-Secretary of State Henry Kissinger . Although they have historically decreased over time, Congress may occasionally add to the responsibilities of the secretary of state. One such instance occurred in 2014, when Congress passed the Sean and David Goldman International Child Abduction Prevention and Return Act which mandated actions

2597-630: The various powers for special concessions within China , including railroad rights, mining rights, loans , treaty ports open to foreign trade, and extraterritorial privileges continued unabated. The United States was especially leery of Japanese designs on China, after the Russo-Japanese War (1904–1905) and the Twenty-One Demands (1915) and repeatedly signed agreements with the Japanese government pledging to maintain

2650-482: The vice presidency becoming vacant; during those periods, the persons next in line to serve as acting president were: In 2003, the Continuity of Government Commission suggested that the succession law has "at least seven significant issues ... that warrant attention", specifically: In 2009, the Continuity of Government Commission commented on the use of the term "Officer" in the 1947 statute, The language in

2703-452: The vice president) upon an elected president's death, resignation, removal from office, or incapacity. The order of succession specifies that the office passes to the vice president; if the vice presidency is simultaneously vacant, the powers and duties of the presidency pass to the speaker of the House of Representatives , president pro tempore of the Senate , and then Cabinet secretaries , depending on eligibility. Presidential succession

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2756-416: Was adopted in 1947, and last revised in 2006. The 25th Amendment, adopted in 1967, also establishes procedures for filling an intra-term vacancy in the office of the vice president. The Presidential Succession Act refers specifically to officers beyond the vice president acting as president rather than becoming president when filling a vacancy. The Cabinet has 15 members, of which the secretary of state

2809-426: Was unacceptable to most Federalists , who did not want the then secretary of state, Thomas Jefferson , who had become the leader of the opposition Democratic-Republicans , to follow the vice president in the succession, and many objected to including the chief justice due to separation of powers concerns. The Presidential Succession Act of 1886 ( Full text   [REDACTED] ) established succession to include

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