Monday, April 6, 2020

The Powers and Duties of the said office

Fro the always interesting Gail Heriot
ON THIS DAY IN 1841, TYLER, TOO, BECAME PRESIDENT … SORT OF: President William Henry Harrison died only 31 days into his term, making him the first President to die in office. Two days later, Vice President John Tyler was sworn into office. Here’s the Constitutional quirk: In those days, the Constitution simply said that in case of the President’s death “the Powers and Duties of the said office” “shall devolve upon the Vice President.” It didn’t say that the Vice President BECOMES the President. Tyler, however, took the position that he WAS then the President. While many people disagreed at the time, his action set the precedent. It wasn’t until the 25th Amendment, ratified in 1967, that it was made clear that the Vice President actually becomes the President upon the death, resignation or removal of the President.

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