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Michigan Law Review

Constitutional Law

Impeachment

1949

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The Presidential Succession Act Of I947, Ruth C. Silva Feb 1949

The Presidential Succession Act Of I947, Ruth C. Silva

Michigan Law Review

The Constitution of the United States empowers the Congress to designate what officer shall act as President in case of the death, resignation, removal, or inability of both the President and Vice President. Recently the Eightieth Congress passed a statute under this grant of power. Although the new succession act is frequently alleged to be unconstitutional, it is similar to the first succession law enacted by the Second Congress, which contained many of the men who framed the Constitution and voted for its ratification. The law of 1792 provided that the President pro tempore of the Senate or, if the …