The first succession act did provide for election for a full term, butthat was in the 1790s
What would be the legal basis for a "special election" for President? The Constitution doesn't provide for it, and in fact it specifically sets up a non-electoral chain of succession if the presidency falls vacant.
The Presidential Succession Act of 1947 is very specific in laying out who becomes President when the office becomes vacant for any reason. After V-P, Speaker and President pro tempore, it falls to the Cabinet members in order of the creation of their departments, starting with Secretary of State. Nowhere in the Constitution is there any provision for a special election to fill a presidential vacancy.No it doesn't. It just empowers Congress to provide for the succession after the VP.
It also states that the officer so designated shall serve "until a President shall be elected" but does not specify that this election must be four years after the previous one. It lays down that POTUS and VP are chosen for the same term of four years, but does not say that any successor after the VP is necessarily so chosen.
Now remember, there's almost four months between when Ford nominates Rocky to be his V.P. and Congressional confirmation.
So, Ford could have a heart attack. Or more interesting, since it's still underappreciated, Ford has a stroke. Even today, some doctors think people don't take this seriously enough and call it a 'brain attack' to try to get people to take it more seriously.
And the standard advice is if a person feels weakness or numbness on part of one side of the body, such as weakness in one arm or one side of the face drooping, to get to the hospital as quickly as they can. The hospital uses imagery to rule out a bleeding stroke and then gives the clot-busting drug (the little bit scary part is that imagery of blockage stroke won't show up for a couple of days, so it's based on symptoms)
Well, none of this was present in 1974. So, Ford is largely still there but he's disabled. He resigns. Carl Albert assumes the presidency. But he states he does not feel he was at all elected by the American people. He pushes Congress to call for a special election just for the remainder of the term till 1976. . . .
What would prevent Congress from passing a new Presidential Succession Act, which include a special election?He can push, but Congress has no authority to call for this special election. If Albert doesn't wish to or cannot serve until January 20, 1977, he can resign after his VP selection is confirmed OR resign and let whom ever is next in line according to the 1947 Presidential Succession Act assume the office of the Presidency.
Why would they need or want to, when the one already in effect solves the problem? Besides, a non-Constitutional special election would trigger all sorts of legal challenges and call into question any decision or law signed by whoever wins the election. The last thing Congress would want in this situation is any doubt about the legality the office.What would prevent Congress from passing a new Presidential Succession Act, which include a special election?
Why would they need or want to, when the one already in effect solves the problem? Besides, a non-Constitutional special election would trigger all sorts of legal challenges and call into question any decision or law signed by whoever wins the election. The last thing Congress would want in this situation is any doubt about the legality the office.