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Unity in the Executive and the Presidential Succession Act
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Unity in the Executive and the Presidential Succession Act
Abstract: The Presidential Succession Act of 1947 was passed to make the solution to the problem of a double vacancy in the presidency and vice presidency more democratic. That was Truman’s stated goal, as he viewed the previous Act as less legitimate. The problem is that the current law privileges “democracy” at the expense of “energy” in the executive, especially as that energy is reflected in the unitary nature of the presidency. Hamilton explains in Federalist #70 why unity in the executive is important, both for the purposes of energetic leadership and accountability. Now, however, the possibility that a successor under the 1947 statute could be from a party other than that elected by the people diminishes the energy that is key to this branch of government. This paper explores the central constitutional question surrounding the issue of double vacancy: whether the current law is the best we can do to meet the two goals of providingfor the possibility of a double vacancy while still retaining the energy that typifies the office of the presidency.
Prepared for delivery at the 2003 Annual Meeting of the American Political Science Association, August 27 – 31, 2003. Copyright by the American Political Science Association.
David A. CrockettDepartment of Political ScienceTrinity University715 Stadium DriveSan Antonio, TX 78231## email not listed ##
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| | Authors: Crockett, David. |
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Unity in the Executive and the Presidential Succession Act
Abstract: The Presidential Succession Act of 1947 was passed to make the solution to the
problem of a double vacancy in the presidency and vice presidency more democratic. That was
Truman’s stated goal, as he viewed the previous Act as less legitimate. The problem is that the
current law privileges “democracy” at the expense of “energy” in the executive, especially as that
energy is reflected in the unitary nature of the presidency. Hamilton explains in Federalist #70
why unity in the executive is important, both for the purposes of energetic leadership and
accountability. Now, however, the possibility that a successor under the 1947 statute could be
from a party other than that elected by the people diminishes the energy that is key to this branch
of government. This paper explores the central constitutional question surrounding the issue of
double vacancy: whether the current law is the best we can do to meet the two goals of providing
for the possibility of a double vacancy while still retaining the energy that typifies the office of
the presidency.
Prepared for delivery at the 2003 Annual Meeting of the American Political Science Association,
August 27 – 31, 2003. Copyright by the American Political Science Association.
David A. Crockett
Department of Political Science
Trinity University
715 Stadium Drive
San Antonio, TX 78231
## email not listed ##
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