There were concerns among the Constitutional Convention delegates that if there was only the office of President, all electors would vote for a favorite son from their state. If that turned out to be the case, then the entire electoral system that was created would always be in chaos. The solution was to create a second office and to give each elector two votes, requiring one vote to be for a candidate from another state.
Creation of the Vice-President Almost an Afterthought
By making the runner-up in the Electoral College the Vice-President, then the second vote became equally important. Thus the Vice-Presidency was created not to fulfill a specific government function but rather to ensure the integrity of the presidential vote.
The Vice-President was given only two specific jobs, to preside over the Senate and to succeed to the President were the President unable to serve.
Constitution in 1787 was Unclear Regarding the Vice-President
The specific provision regarding succession was unclear on several points. Article II of the Constitution reads regarding the succession issue as follows:
“In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.”
This clause is unclear regarding what constitutes a presidential inability to discharge his powers and duties. It is also unclear about the Vice-President’s status should the president be removed, die or resign. Did the Vice-President become President, or was he only Acting President?
John Tyler Resolves the Constitutional Question for a Pay Raise
Regarding the second ambiguity, that is what did the Vice-President become upon a vacancy in the presidency, the question did not arise for 64 years, until President William Henry Harrison died in office. As in so many situations in constitutional history, personal considerations shaped the answer.
Vice-President John Tyler assumed the presidency when the constitutional language was not entirely clear. He took the oath of office. He insisted as being addressed as President. There were some governmental differences between being President or be the Acting President. However, Mr. Tyler, as President would be paid $50,000. If he were the Vice-President and acting as president, then he would be paid $25,000. A great constitutional controversy was settled.
Changes Make Resolution of Questions Paramount
The original constitution made no provision for filling a vacancy in the vice-presidency, nor defined the inability of the president to serve. While some issues related to the vice-presidency were resolved by the Twelfth Amendment, these two remained until the passage of the Twenty-fifth Amendment.
In the aftermath of World War II, the United States had assumed super power status on the world stage. With the development and deployment of nuclear weapons under the control of the president the issue of swift and orderly presidential succession or dealing with presidential disability became more critical than it had been in the 18th Century.
When Lyndon Johnson, with a history of heart disease, became president upon John F. Kennedy’s assassination, these issues assumed critical mass. With the vacancy in the vice-presidency, the law provided that Speaker John McCormack, who was 72 at the time, would become president. These facts gave momentum to the Twenty-Fifth Amendment. On July 6, 1965 Congress submitted a proposal to the states that provided:
- Upon removal, death or resignation of the President, the Vice-President would become president.
- If the office of Vice-President was vacant the President would appoint a Vice-President subject to approval of a majority of both houses of Congress.
- A method for the President to temporarily delegate his office to the Vice-President and to resume the office.
- A method by which the Vice-President and the Cabinet could declare a presidential disability and a method for the President to contest that declaration.
On February 10, 1967, with the ratifications of Minnesota and Nevada the proposal became the Twenty-fifth Amendment.
Twenty-Fifth Amendment in Practice
The nation had survived 180 years (despite the illnesses of James Garfield, Woodrow Wilson, Franklin Roosevelt and Dwight Eisenhower) without such provisions. Shortly after the passage of the Amendment and to the present day it has seen much use.
Spiro Agnew resigned and Richard Nixon appointed Gerald Ford Vice-President. Gerald Ford became President and appointed Nelson Rockefeller Vice-President. Ronald Reagan and George W. Bush both had surgery and during anesthesia their George H. W. Bush and Dick Cheney had the powers of the presidency.
The questions left open in 1787 were finally answered.
David J. Shestokas - Mr. Shestokas is a former prosecutor & writes on the Constitution & legal issues for the Save America Foundation & Suite 101.
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