Faculty Publications
 

Document Type

Article

Publication Date

2002

Excerpt

This Article will examine the nature, details, origins, and evolution of three structural principles--separation of powers, political partisanship, and democracy-and the role each plays under the Constitution, particularly with regard to selection of the President and the executive branch. It then will consider § 19 in light of each principle and examine how consistent the statute is with each. Ultimately, it concludes that the current succession order is not consistent with these three principles, either individually or in an overall balance. It would be more consistent to amend the statute again and to establish succession by cabinet officers, with a provision for a special election to choose a new President and Vice President.