rbrtabriggs --
The answer to your first question is found in the 20st Amendment to
the Constitution, which was ratified in 1933. Here is the relevant
excerpt:
"3. If, at the time fixed for the beginning of the term of the
President, the President elect shall have died, the Vice President
elect shall become President."
The answer to your second question is found in the 25rd Amendment,
which was ratified in 1967. Here is the relevant excerpt:
"2. Whenever there is a vacancy in the office of the Vice President,
the President shall nominate a Vice President who shall take office
upon confirmation by a majority vote of both Houses of Congress."
Additional Information:
Here is the complete text of the 20th Amendment:
"Amendment XX - Presidential, Congressional terms. Ratified 1/23/1933.
"1. The terms of the President and Vice President shall end at noon on
the 20th day of January, and the terms of Senators and Representatives
at noon on the 3d day of January, of the years in which such terms
would have ended if this article had not been ratified; and the terms
of their successors shall then begin.
"2. The Congress shall assemble at least once in every year, and such
meeting shall begin at noon on the 3d day of January, unless they
shall by law appoint a different day.
"3. If, at the time fixed for the beginning of the term of the
President, the President elect shall have died, the Vice President
elect shall become President. If a President shall not have been
chosen before the time fixed for the beginning of his term, or if the
President elect shall have failed to qualify, then the Vice President
elect shall act as President until a President shall have qualified;
and the Congress may by law provide for the case wherein neither a
President elect nor a Vice President elect shall have qualified,
declaring who shall then act as President, or the manner in which one
who is to act shall be selected, and such person shall act accordingly
until a President or Vice President shall have qualified.
"4. The Congress may by law provide for the case of the death of any
of the persons from whom the House of Representatives may choose a
President whenever the right of choice shall have devolved upon them,
and for the case of the death of any of the persons from whom the
Senate may choose a Vice President whenever the right of choice shall
have devolved upon them.
"5. Sections 1 and 2 shall take effect on the 15th day of October
following the ratification of this article.
"6. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date
of its submission."
And here is the text of the 25th Amendment:
"Amendment XXV - Presidential disability and succession. Ratified
2/10/1967. History
"1. In case of the removal of the President from office or of his
death or resignation, the Vice President shall become President.
"2. Whenever there is a vacancy in the office of the Vice President,
the President shall nominate a Vice President who shall take office
upon confirmation by a majority vote of both Houses of Congress.
"3. Whenever the President transmits to the President pro tempore of
the Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of
his office, and until he transmits to them a written declaration to
the contrary, such powers and duties shall be discharged by the Vice
President as Acting President.
"4. Whenever the Vice President and a majority of either the principal
officers of the executive departments or of such other body as
Congress may by law provide, transmit to the President pro tempore of
the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office, the Vice President shall immediately
assume the powers and duties of the office as Acting President.
"Thereafter, when the President transmits to the President pro tempore
of the Senate and the Speaker of the House of Representatives his
written declaration that no inability exists, he shall resume the
powers and duties of his office unless the Vice President and a
majority of either the principal officers of the executive department
or of such other body as Congress may by law provide, transmit within
four days to the President pro tempore of the Senate and the Speaker
of the House of Representatives their written declaration that the
President is unable to discharge the powers and duties of his office.
Thereupon Congress shall decide the issue, assembling within forty
eight hours for that purpose if not in session. If the Congress,
within twenty one days after receipt of the latter written
declaration, or, if Congress is not in session, within twenty one days
after Congress is required to assemble, determines by two thirds vote
of both Houses that the President is unable to discharge the powers
and duties of his office, the Vice President shall continue to
discharge the same as Acting President; otherwise, the President shall
resume the powers and duties of his office."
Finally, here is an online source for interesting and useful
annotations to each of the Amendments. The source also provides links
to the text of each Amendment:
U.S. Constitution Online
http://www.usconstitution.net/constamnotes.html#Am25
Search Strategy:
I used the following Google search to lead me directly to the relevant
language, which I knew to be in the Constitution:
president "dies before he is sworn in"
://www.google.com/search?sourceid=navclient&ie=UTF-8&q=president+%22dies+before+he+is+sworn+in%22
I am confident that this is exactly the information you are looking
for, and I am happy to have been able to provide it to you promptly.
If anything is unclear, please ask for clarification before rating the
answer.
markj-ga |
