A Secret in the Line of Succession --WaPo

[Demeter]

http://www.washingtonpost.com/wp-dyn/content/article/2006/10/15/AR2006101500691.html?referrer=email&referrer=email&referrer=email

A Secret in the Line of Succession

By Charles Babington
Washington Post Staff Writer
Monday, October 16, 2006; A19



House Speaker J. Dennis Hastert (R-Ill.) shows no sign of resigning over the Mark Foley-House page scandal. But the mere suggestion that he might do so raises an intriguing political and constitutional question: Who would replace him while Congress is in recess?

The answer, it appears, is on a piece of paper locked away in the House clerk's office.

In a little-noticed action taken nearly four years ago, the House amended its rules dealing with the "continuity of Congress" in emergencies and the succession of speakers. The rule, cited recently in Roll Call, directs the speaker to "deliver to the Clerk a list of Members in the order in which each shall act as Speaker pro tempore . . . in the case of a vacancy in the office of Speaker."

Normally, "speaker pro tempore" is the title given for a few hours at a time to various members of the majority who preside over House sessions. But the rules revision made in January 2003, in response to worries about terrorist strikes that could wipe out large numbers of elected officials, appears to bestow upon a newly named replacement all the powers enjoyed by a full-time speaker elected by his peers.

One thing is certain: The identity of the speaker-in-waiting is a closely held secret. Hastert's office declined to discuss the matter, citing security concerns, and the clerk's office confirmed only that Hastert's list is not made public...As for nightmarish constitutional what-ifs, Kinkopf said, "Imagine where the presidency falls not to the speaker, but to somebody on the speaker's secret list."

[annabanana]

1. Anyone want to make any guesses?

Who is one that secret list?

[zeemike]

7. Tom Delay is probably on it ...but he is out n/t

[trof]

10. Actually, he could serve as speaker.

Much to my surprise, I recently learned that the speaker of the house does not have to be a member of congress. Found it at wikipedia.

[formercia]

19. You mean Reverend Moon could become Speaker?

Do you have to be a citizen?

[Tigress DEM]

18. Or Foley.

bad tigress!

[Skip Intro]

2. We should all just trust them, and go about our business

they are keeping us SAFE!

just imagine the most terrifying thing you can, and then imagine these great patriots protecting us from it...

be vigilant, fellow Americans, all is well...God is on our side!

[sofa king]

3. What the f---?

I thought the line of succession was pretty clearly enumerated. If there's no Speaker to take the job or he doesn't want it, it goes to the President pro Tempore in the Senate. If he can't take it or won't, then it returns to the former President's cabinet.

As I understand this article, 434 people just cut into the line of succession for the Presidency. Can that possibly be?

[EST]

5. 230...

I seriously doubt there are any dems on the list.

[Demeter]

6. If Any of Them Are Left By Then

at this rate, the bench will be empty before Hastert is defeated.

[Massacure]

8. Yes, I'm confused by this too.

If the for some reason the President dies, and the Vice-President dies, and the Speaker of the House dies, and the Speaker of the House has a "secret" list of people to replace him as Speaker of the House, does that mean the new President is the second person on the "secret" line of secession to Speaker of the House provided he or she is still alive or does it go onto the President pro Tempore assuming he is still alive? The Speaker of the House cannot designate a new Speaker that is does not serve in the House, he cannot take a senator for example. So if the second Speaker becomes the president, that means a whole lot of people just budded in line...

[LiberalFighter]

13. If that list is used it can though I believe illegally only be used

to fill the position if the Speaker accepts the spot as President.

The list cannot be used to have someone step in that was not elected during the regular start of the Congressional Session to become President. If the Speaker was not elected at the start of the Congressional Session and their is a vacancy in the office of President and the list reaches the Speaker then it should bypass and continue down the list. IMO

[Freddie Stubbs]

12. But the House rules were amended to ensure that there always is a Speaker

Unless everyone on that list is dead.

[LiberalFighter]

14. When we get control back House Rules need to be amended to ensure

that no Republican is ever Speaker again ESPECIALLY no descendant of Prescott Bush.

[Freddie Stubbs]

16. How do you amend the rules to ensure that no Republican

is ever Speaker?

[Tigress DEM]

23. Polygraph, sodium penathol & 3 questions.

1
Do you secretly approve of the way the *ush regime manipulated themselves into power?

2
Have you ever engaged in illegal or immoral sex acts?

3
Have you ever taken money knowing that it required you to vote a certain way?

[Andrea]

26. OP is talking about the line of succession to Speaker

of the House. You are talking about line of succession to President. If Hastert resigned, the new Speaker would come from his list. If that happened, and then Bush and Cheney were out, next in line would be the new speaker, the person from the list.

[YDogg]

4. Man on Dog.

I just like typing Man on Dog.

:-)

[Name removed]

9. Deleted message

Message removed by moderator. Click here to review the message board rules.

[SpiralHawk]

11. I don't want no steenkin Secret Government. I am an American

We want open democracy.

Republicons and their secret shit can go to Russia -- where they belong...

[LiberalFighter]

15. More

Perhaps the biggest question, some lawyers say, is whether a House speaker -- full time or pro tempore -- can assume and keep the presidency under any circumstance. A statute, not the Constitution, lists the speaker's place in the line succession.

A case can be made that no one in Congress qualifies as an "officer" eligible to assume the presidency under Article II of the Constitution, said Neil Kinkopf, a professor of law at Georgia State University. The question may never be settled, he said, because the Supreme Court would take it up only if a speaker became president and someone challenged the action in court.

[onenote]

17. Kinkopf's reading seems wrong. Do you have a link?

The Constitution states that "Congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice-president, delcaring what officer shall then act as president." The Constitution also specifies that the HOuse of Representatives "shall chuse their Speaker and other officers." That certainly suggests that the Speaker is an "officer" and thus can be designated,by law, to succeed to the presidency in the event of a vacancy in both the office of the president and vice president.


The flaw that I see in the so-called "secret list" approach is that the Constitution specifies that presidential succession may be provided for "by law". The Presidential Succession Act says that tin the event of a vacancy in the presidency and vice presidency, the Speaker becomes president. THe issue is whether the House, by changing its rules (not a change "by law") can create a position of Speaker pro tempore that has the same standing under the Succession Act as the Speaker. It would seem to upset the balance between the two Houses of COngress if the House of Reps could, without the assent of the Senate, effectively alter the line of succession.

[Tigress DEM]

20. Looks wrong to me too. But then... so is legalizing torture.

It does give us a way to fight it though. Good catch.

Just because it is as wrong as wrong can be doesn't mean they won't push it through if they can.

[Tigress DEM]

21. But if it's only UNTIL the Congress can come together and vote...

It might be more like pushing John Bolton through as a recess appointment and then as long as we get a majority we can fight back. If no majority then we get stuck with whoever is on the list and whoever they bodyslam into the seat with their lock step vote.

[LiberalFighter]

27. Same link as original posting... bottom of article

[progressoid]

22. I see a Supreme Court case is in the future.

[savemefromdumbya]

24. Hard luck babes, the speaker will be Nancy Pelosi after Nov 06

They will have to unlock the name and throw it out the piece of paper!

[LiberalFighter]

28. They should make sure the public knows who was on the list

[flyarm]

25. i remember when this happened and Tom Delay was Hasterts replacement

n/t