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Amendment, designed to address some of the historical problems of succession, contains a
procedure to replace a vice president – presidential nomination with a majority vote of Congress
– that runs completely contrary to Truman’s intent in the 1947 law. And, as every student of
history knows, this procedure has been invoked twice in American history so far, first to replace
Spiro Agnew with Gerald Ford, and then to fill the vacant office with Nelson Rockefeller when
Ford ascended to the presidency. The latter case gave us the unique scenario in which neither the
president nor the vice president had obtained their office in a national election. As Herbert
Storing reminds us, legitimacy is “a complex and mysterious force, not necessarily determined by
electoral success” (1995, 401). Legitimacy comes more from a sense that constitutional rules
have been followed than from a simple head count.
The nation has yet to experience a double vacancy, despite several opportunities. In the
wake of 9-11, the matter appears more pressing. As scholars and political leaders consider
reforms to account for a more dangerous world, it is important to be holistic in our thinking – to
remember that there are several political values that are important for a republic to function
effectively, and to remember what elements and qualities are required for our institutions to
fulfill those functions. It seems likely that a double vacancy under current circumstances –
barring exceptionally bad medical luck – would be the result of a national security crisis, during
which the qualities associated with energy – activity, secrecy, dispatch, promptitude of decision,
vigor, expedition – would be critically important. Reforms designed to address succession
questions should secure those qualities in their provisions.
Convention