Premium
The Contemporary Presidency: Unity in the Executive and the Presidential Succession Act
Author(s) -
Crockett David A.
Publication year - 2004
Publication title -
presidential studies quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.337
H-Index - 5
eISSN - 1741-5705
pISSN - 0360-4918
DOI - 10.1111/j.1741-5705.2004.00050.x
Subject(s) - presidency , presidential system , political science , separation of powers , law , successor cardinal , democracy , statute , public administration , law and economics , constitution , politics , sociology , mathematical analysis , mathematics
The Presidential Succession Act of 1947 was passed to make the solution to the problem of a double vacancy in the presidency and vice presidency more democratic. The current law, however, privileges “democracy” at the expense of “energy” in the executive, especially as that energy is reflected in the unitary nature of the presidency. Hamilton explains in Federalist no. 70 why unity in the executive is important, both for the purposes of energetic leadership and accountability. The possibility that a successor under the 1947 statute could be from a party other than that elected by the people diminishes the energy that is key to this branch of government. This article explores the central constitutional question surrounding the issue of double vacancy: whether the current law meets the two goals of providing for the possibility of a double vacancy while still retaining the energy that typifies the office of the presidency.