WI: 1881, No One in the US Presidential Line of Succession

[QuoProQuid]

The Presidential Succession Act of 1792 was the first piece of legislation that extended the US Presidential Line of Succession beyond the Vice Presidency. Section 9 declared that, in the event of the removal, resignation, or death of both the President and Vice President, the President pro tempore of the United States Senate was next in line of succession after the Vice President, followed by the Speaker of the House of Representatives.

After the Garfield Assassination in 1881, Chester Arthur ascended to the presidency. Due to the event's timing and Constitutional restrictions, there was no Vice President, President pro tempore, or Speaker of the House for the first few months of his Presidency. According to both the Constitution and the Presidential Succession Act, there was no one to succeed in the event of Chester Arthur's death.

So, what if Chester Arthur had suffered an ill-timed stroke or heart attack after receiving word that Garfield was dead?

 

[Danishbro]

Chester Alan Arthur actually had Bright's disease, so perhaps he somehow succumbs to it four years sooner.

 

[David Floyd]

I would guess the House immediately elects a Speaker.

 

[QuoProQuid]

I would guess the House immediately elects a Speaker.

Congress is not in session and there is no one to call them into session. Even if it could be convened early, that still leaves the office vacant until enough Congressmen arrive to form quorum.

 

[Nofix]

I think we see an interregnum until Congress assembles and elects a President for the time being. The problem is which house: The Senate was tied 37-37-1-1 (1 Readjuster [William Mahone] and 1 Independent [David Davis]). Chances are they might not be able to elect a President Pro Tem immediately, and let the Republican House elected some one. If the Democrats wanted to be bastards they could try and elected one of their own, like OTL's Bayard. Unlikely as he was President Pro Tem fro October 10-13 1881. But knowing that the President Pro Tem would ascend to the Presidency, there might be a wrench thrown in the plans an fail.

Given this it is possible the House Speaker Keifer, under a Republican majority, would ascend failing the nomination of a PPT.

 

[Stolengood]

Wouldn't they go for a bi-partisan choice? Somebody like, say, Mahone?

 

[Nofix]

Wouldn't they go for a bi-partisan choice? Somebody like, say, Mahone?

The Democrats narrowly (popular vote) lost 1880, and I don't think many Republicans would want a former Confederate as a President, even if he turned away from it.

 

[Emperor Julian]

Wouldn't they go for a bi-partisan choice? Somebody like, say, Mahone?

Yes, but not Mahone. They would vote like they did OTL for President Pro-Tempore and choose David Davis.

 

[CaliBoy1990]

The Democrats narrowly (popular vote) lost 1880, and I don't think many Republicans would want a former Confederate as a President, even if he turned away from it.

Probably not; it may be true that Mahone, actually turned out pretty decent, for a former slaveholder & Confederate, anyway. But even though he was no Fire-Eater, indeed, the fact he once owned any slaves at all would have been alone to shun him from the mainstream of the GOP, no matter how repentant he may have been.

I dunno much about J. Warren Keifer, TBH, but he does seem like a good candidate, I suppose.

 

[Georgepatton]

Section 10 seems to indicate that, the office of President and Vice President both being vacant, the Secretary of State would notify the states that there would have to be a presidential election in December, provided there were at least 34 days to go before the first Wednesday in December.

 

[Derek Jackson]

And as I understand it the Presdient pro tem of the Senate served until the special election. The President pro tem of the senate when last in session would probably serve

 

[QuoProQuid]

And as I understand it the Presdient pro tem of the Senate served until the special election. The President pro tem of the senate when last in session would probably serve

That would put Allen Thurman, a Democrat and passionate opponent of black emancipation, into the Presidency. I doubt the Republicans would be willing to accept him as Commander-in-Chief, though the Democrats could certainly try to create chaos.

The situation can become more problematic through Article 10. Although the provision states that a special election will be called if the offices of President and Vice President are vacant, one could argue that by succeeding to the position of President or Vice President, the office is no longer vacant. If they become Acting President, Thurman or Bayard might be tempted to file suit to the Supreme Court. Neither are going to get elected in their own right.

As for the election itself, I have to ask whether the parties could agree on a list of candidates and whether most states could assemble a ballot in time. The vote seems like it would be extremely chaotic and I'm not sure whether any individual could gather enough votes to avoid throwing the election to the House of Representatives again.

 

[Stolengood]

Yes, but not Mahone. They would vote like they did OTL for President Pro-Tempore and choose David Davis.

David Davis would be a pretty bad choice, though.

Really, for the Republicans, Mahone is their best shot, for the time being.

 

[DTF955Baseballfan]

Can the House elect someone who is not a Representative as Speaker? If so, maybe they all agree Samuel Tilden gets his moment (or 5-6 months) in the sun. I wouldn't be surprised if someone proposes this, anyway.

 

[Derek Jackson]

Can the House elect someone who is not a Representative as Speaker? If so, maybe they all agree Samuel Tilden gets his moment (or 5-6 months) in the sun. I wouldn't be surprised if someone proposes this, anyway.

The then provision gave the acting president role to the President pro tem of the Senate NOt THE SPEAKER

 

[QuoProQuid]

Can the House elect someone who is not a Representative as Speaker? If so, maybe they all agree Samuel Tilden gets his moment (or 5-6 months) in the sun. I wouldn't be surprised if someone proposes this, anyway.

There are no limitations on who the House can elect as its Speaker, though I would expect the opposition to challenge the majority over it.

The then provision gave the acting president role to the President pro tem of the Senate NOt THE SPEAKER

If there is no President pro tempore, then the position goes to the Speaker.

Question remains on whether either would get to elevate themselves to the Presidency before the Secretary of State called for an emergency presidential election.

 

[Carl Schwamberger]

There are no limitations on who the House can elect as its Speaker, though I would expect the opposition to challenge the majority over it.



If there is no President pro tempore, then the position goes to the Speaker.

....

I dont know about the rest of it, but I see a stampede of congress critters to the railroad stations to get back to the capitol. Whichever party has a majority in its chambers when a quorum is had could attempt to force a selection while they dominate. ...and, if the House can select a Speaker before the Senate has a quorum it can argue its man is now president since there is no Pres Pro Tem in the Senate ..yet.

For this and assorted other reasons described by others in this thread it could turn into a crazy clusterf..k, with the Supreme Court having final judgement

 

[QuoProQuid]

I dont know about the rest of it, but I see a stampede of congress critters to the railroad stations to get back to the capitol. Whichever party has a majority in its chambers when a quorum is had could attempt to force a selection while they dominate. ...and, if the House can select a Speaker before the Senate has a quorum it can argue its man is now president since there is no Pres Pro Tem in the Senate ..yet.

For this and assorted other reasons described by others in this thread it could turn into a crazy clusterf..k, with the Supreme Court having final judgement

I imagine that as soon as news breaks, Congressmen are going to rush Washington DC and camp out near the Capitol until the recess ends. The consequences of NOT being present are too great to risk.

Any ideas on who might appear on a special election ballot? Both parties have two months to find candidates and get them on every states' ballot.

 

[Locke01]

I think we see an interregnum until Congress assembles and elects a President for the time being. The problem is which house: The Senate was tied 37-37-1-1 (1 Readjuster [William Mahone] and 1 Independent [David Davis]). Chances are they might not be able to elect a President Pro Tem immediately, and let the Republican House elected some one. If the Democrats wanted to be bastards they could try and elected one of their own, like OTL's Bayard. Unlikely as he was President Pro Tem fro October 10-13 1881. But knowing that the President Pro Tem would ascend to the Presidency, there might be a wrench thrown in the plans an fail.

Given this it is possible the House Speaker Keifer, under a Republican majority, would ascend failing the nomination of a PPT.

I think an interregnum would be very likely. I imagine the Cabinet Secretaries would carry on with the routine day to day business of government. The Secretary of State would probably, very unofficially, act as President. if I interpret the scenario correctly, Arthur dies right after hearing the news about Garfield's death, so he hasn't had time to replace James Blaine as Secretary of State. I'd think Blaine would try to hold the government together until a new President is elected, selected or what have you.

 

[Nofix]

After reading about Roosevelt's views on Blaine, I wonder how the country would do under acting President Blaine, however short it is.