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Planning For Emerging Threats: Rethinking The Presidential Line Of Succession, Fordham Law School Rule Of Law Clinic, Gregory Ascher, Myrna Nakhla, Colin Shea Aug 2022

Planning For Emerging Threats: Rethinking The Presidential Line Of Succession, Fordham Law School Rule Of Law Clinic, Gregory Ascher, Myrna Nakhla, Colin Shea

Rule of Law Clinic

From the COVID-19 pandemic to the Ukraine war, recent events have highlighted possible threats to the continuity of presidential leadership. The presidential line of succession in the Presidential Succession Act of 1947 has several flaws. Some of the successors it designates might be ill-suited to discharge the powers of the presidency. Others concerns include its constitutionality, inappropriate incentives it might create, and the democratic legitimacy of outcomes it might produce. This report proposes several reforms to the line of succession for pre- and post-inaugural succession contingencies.