Vice President of the United States: Difference between revisions

Vice President of the United States (view source)

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 [[Article Two of the United States Constitution#Clause 6: Vacancy and disability|Article II, Section 1, Clause 6]] stipulates that the vice president takes over the "powers and duties" of the presidency in the event of a president's removal, death, resignation, or inability.<ref name=FordhamLaw2011>{{cite journal|last=Feerick|first=John D.|journal=Fordham Law Review|volume=79|issue=3|date=2011|pages=907–949|url=http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=4695&context=flr|title=Presidential Succession and Inability: Before and After the Twenty-Fifth Amendment|publisher=[[Fordham University School of Law]]|location=New York City|access-date=July 7, 2017|archive-date=August 20, 2015|archive-url=https://web.archive.org/web/20150820001749/http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=4695&context=flr|url-status=live}}</ref> Even so, it did not clearly state whether the vice president became president or simply [[Acting (law)|acted]] as president in a case of succession. Debate records from the 1787 Constitutional Convention, along with various participants' later writings on the subject, show that the framers of the Constitution intended that the vice president would temporarily exercise the powers and duties of the office in the event of a president's death, disability or removal, but not actually become the president of the United States in their own right.<ref name=PVPS2004OCL>{{cite web|last=Neale|first=Thomas H.|title=Presidential and Vice Presidential Succession: Overview and Current Legislation|work=CRS Report for Congress|url=https://fas.org/sgp/crs/misc/RL31761.pdf|publisher=[[Congressional Research Service]]|location=Washington, D.C.|date=September 27, 2004|access-date=July 27, 2018|archive-date=November 14, 2020|archive-url=https://web.archive.org/web/20201114173057/https://fas.org/sgp/crs/misc/RL31761.pdf|url-status=live}}</ref><ref>{{cite book|title=From Failing Hands: the Story of Presidential Succession|last1=Feerick|first1=John D.|last2=Freund|first2=Paul A.|date=1965|url=https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1000&context=twentyfifth_amendment_books|publisher=Fordham University Press|location=New York City|page=56|lccn=65-14917|access-date=July 31, 2018|archive-date=November 20, 2020|archive-url=https://web.archive.org/web/20201120053125/https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1000&context=twentyfifth_amendment_books|url-status=live}}</ref>
-This understanding was first tested in 1841, following the death of President [[William Henry Harrison]], only {{age in days|March 4, 1841|April 4, 1841}} days into his term. Harrison's vice president, [[John Tyler]], asserted that under the Constitution, he had succeeded to the presidency, not just to its powers and duties. He had himself [[Oath of office of the President of the United States|sworn in]] as president and assumed full presidential powers, refusing to acknowledge documents referring to him as "Acting President".<ref name=JTDA>{{cite web|title=John Tyler: Domestic Affairs|last=Freehling|first=William|date=October 4, 2016|url=https://millercenter.org/president/tyler/domestic-affairs|publisher=Miller Center of Public Affairs, University of Virginia|location=Charllotesville, Virginia|access-date=July 29, 2018|archive-date=March 12, 2017|archive-url=https://web.archive.org/web/20170312033201/https://millercenter.org/president/tyler/domestic-affairs|url-status=live}}</ref> Although some in Congress denounced Tyler's claim as a violation of the Constitution,<ref name=FordhamLaw2011/> he adhered to his position. His view ultimately prevailed as both the Senate and House voted to acknowledge him as president.<ref>{{cite journal|doi=10.1111/j.1741-5705.2005.00269.x|last=Abbott|first=Philip|title=Accidental Presidents: Death, Assassination, Resignation, and Democratic Succession|journal=Presidential Studies Quarterly|date=December 2005|volume=35|issue=4|pages=627–645|jstor=27552721}}</ref> The "Tyler Precedent" that a vice president assumes the full title and role of president upon the death, resignation, or removal from office (via impeachment conviction) of their predecessor was codified through the [[Twenty-fifth Amendment to the United States Constitution|Twenty-fifth Amendment]] in 1967.<ref>{{cite web| title=A controversial President who established presidential succession| date=March 29, 2017| url=https://constitutioncenter.org/blog/john-tyler-americas-most-unusual-president| work=Constitution Daily| publisher=[[National Constitution Center]]| location=Philadelphia, Pennsylvania| access-date=November 25, 2021}}</ref><ref>{{cite web| url=https://law.justia.com/constitution/us/article-2/05-presidential-succession.html| title=Presidential Succession| work=US Law| publisher=Justia| location=Mountain View, California| access-date=July 29, 2018}}</ref> Altogether, nine vice presidents have succeeded to the presidency intra-term. In addition to Tyler, they are [[Millard Fillmore]], [[Andrew Johnson]], [[Chester A. Arthur]], [[Theodore Roosevelt]], [[Calvin Coolidge]], [[Harry S. Truman]], Lyndon B. Johnson, and [[Gerald Ford]]. Four of them—Roosevelt, Coolidge, Truman, and Lyndon B. Johnson—were later elected to full terms of their own.<ref name=PVPS2004OCL/>
+This understanding was first tested in 1841, following the death of President [[William Henry Harrison]], only {{age in days|March 4, 1841|April 4, 1841}} days into his term. Harrison's vice president, [[John Tyler]], asserted that under the Constitution, he had succeeded to the presidency, not just to its powers and duties. He had himself [[Oath of office of the President of the United States|sworn in]] as president and assumed full presidential powers, refusing to acknowledge documents referring to him as "Acting President".<ref name=JTDA>{{cite web|title=John Tyler: Domestic Affairs|last=Freehling|first=William|date=October 4, 2016|url=https://millercenter.org/president/tyler/domestic-affairs|publisher=Miller Center of Public Affairs, University of Virginia|location=Charllotesville, Virginia|access-date=July 29, 2018|archive-date=March 12, 2017|archive-url=https://web.archive.org/web/20170312033201/https://millercenter.org/president/tyler/domestic-affairs|url-status=live}}</ref> Although some in Congress denounced Tyler's claim as a violation of the Constitution,<ref name=FordhamLaw2011/> he adhered to his position. His view ultimately prevailed as both the Senate and House voted to acknowledge him as president.<ref>{{cite journal|doi=10.1111/j.1741-5705.2005.00269.x|last=Abbott|first=Philip|title=Accidental Presidents: Death, Assassination, Resignation, and Democratic Succession|journal=Presidential Studies Quarterly|date=December 2005|volume=35|issue=4|pages=627–645|jstor=27552721}}</ref> The "Tyler Precedent" that a vice president assumes the full title and role of president upon the death, resignation, or removal from office (via impeachment conviction) of their predecessor was codified through the [[Twenty-fifth Amendment to the United States Constitution|Twenty-fifth Amendment]] in 1967.<ref>{{cite web| title=A controversial President who established presidential succession| date=March 29, 2017| url=https://constitutioncenter.org/blog/john-tyler-americas-most-unusual-president| work=Constitution Daily| publisher=[[National Constitution Center]]| location=Philadelphia, Pennsylvania| access-date=November 25, 2021}}</ref><ref>{{cite web| url=https://law.justia.com/constitution/us/article-2/05-presidential-succession.html| title=Presidential Succession| work=US Law| publisher=Justia| location=Mountain View, California| access-date=July 29, 2018}}</ref> Altogether, nine vice presidents have succeeded to the presidency intra-term. In addition to Tyler, they are [[Millard Fillmore]], [[Andrew Johnson]], [[Chester A. Arthur]], [[Theodore Roosevelt]], [[Calvin Coolidge]], Harry S. Truman, Lyndon B. Johnson, and [[Gerald Ford]]. Four of them—Roosevelt, Coolidge, Truman, and Lyndon B. Johnson—were later elected to full terms of their own.<ref name=PVPS2004OCL/>
 Four sitting vice presidents have been elected president: [[John Adams]] in [[1796 United States presidential election|1796]], [[Thomas Jefferson]] in [[1800 United States presidential election|1800]], [[Martin Van Buren]] in [[1836 United States presidential election|1836]], and [[George H. W. Bush]] in [[1988 United States presidential election|1988]]. Likewise, two former vice presidents have won the presidency, [[Richard Nixon]] in [[1968 United States presidential election|1968]] and [[Joe Biden]] in [[2020 United States presidential election|2020]]. Also, in recent decades four incumbent vice presidents lost a presidential election: Nixon in [[1960 United States presidential election|1960]], Hubert Humphrey in 1968, Al Gore in [[2000 United States presidential election|2000]], and [[Kamala Harris]] in [[2024 United States presidential election|2024]]. Additionally, former vice president Walter Mondale lost in [[1984 United States presidential election|1984]].<ref>{{cite magazine|title=Does the Vice Presidency Give Joe Biden an Advantage in the Race to the Top? Here's How VPs Before Him Fared|last=Waxman|first=Olivia|date=April 25, 2019|url=https://time.com/5549797/joe-biden-president-2020-history/|magazine=Time|access-date=December 10, 2021}}</ref> In total, 15 vice presidents have become president.<ref>{{Cite web|url=https://www.insider.com/vice-presidents-who-became-president-2020-12|title=15 vice presidents who became president themselves|first=Talia|last=Lakritz|website=Insider}}</ref>
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 | 15 || {{dts|April 12, 1945}} –{{indent|2}}January 20, 1949
-| {{sort|107|[[First inauguration of Harry S. Truman|Accession]]}} of [[Harry S. Truman]] as president
+| {{sort|107|[[First inauguration of Harry S. Truman|Accession]]}} of Harry S. Truman as president
 | {{ayd|1945|04|12|1949|01|20}}
 | [[1948 United States presidential election|Election of 1948]]