Order of Appointment

[erpowers]

Recently, Donald Rumsfeld changed the order of appointment for the Presidency. I tend to think that the order of appointment should be changed to put the Chairman of the Joint Chief of Staff in third place after the President and Vice President. However, I do have one fear. Does anyone think putting the Chairman of the Joint Chief of Staff third in line to the presidency would be dangerous for any president? Does anyone think the CJCS or people connected to the CJCS would try to assassinate the president so the CJCS could be president.

[terrya]

1. Is that the same as the Order of Succession?

How can Rumsfeld unilaterally do that? The Order of Succession was adopted by Constitutional amendment.

[ramapodem]

2. Well if you want to get technical

the 25th amendment only covers a presidential vacancy, the order of succession for a double vacancy or more is established by congressional act.

[enlightenment]

3. Unfortunately, no.

The 25th amendment deals only with the particulars of the succession of the vice-president, should the president be unable to lead. The Constitution only stipulates the succession of the vice-president and leaves the rest to Congress:

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. Article 2, Section 1, Clause 6.

I'm not sure where Rummy gets the authority, since he certainly isn't Congress (perhaps a more knowledgeable person can help? Please!) -- but this administration rarely wastes time worrying about the Constitution . . .

on edit: ramapodem beat me to it!

[unblock]

4. no, he did NOT change the order of succession for the PRESIDENCY

what changed was the order of succession for the civilian control of the pentagon, i.e., who is rumsfeld's replacement if HE is unable to perform as secretary of defense.

and technically, i don't think he changed the order, i think shrub did by executive order.

[Gidney N Cloyd]

5. Correct.