Acting President, Jared Cone, FDR discussed on The Lawfare Podcast


Be ready to lead on day one. Question for you. In the unlikely scenario that there were a president and vice president who were disabled or otherwise not performing the duties of the office, then at bounce to someone. It bounces to someone from Capitol Hill, and you have someone who has not been in on the top level intelligence briefings at the same level who has not been in the national Security Council who may be unaware of any of the executives policies similar to what Truman inherited from FDR, even though he was in the executive branch, but someone from the legislative branch coming over and suddenly becoming president. That's a shock to the system. We have not experienced yet. How do you think we would manage that? Yeah. That's a great point. Right. And I think it's even more complicated. When the speaker of the house is of a different political party current situation that we're in right now, the good news. I think numbers of congress just in their day to day affairs are getting intelligence briefings and are up to speed, but there is room for that. We revised presidential succession laws. All the way back to seventeen ninety two. So in seventeen ninety two presidential succession law says that you know, if the if there's a vacancy in the president and the vice president and the president pro tem becomes an acting president until the secretary of state can schedule special election, and then it's followed by the speaker of house, then in eighteen eighty six they get rid of the president, and the speaker, and the if there's a double vacancy, then the secretary of state, and then the rest of the cabinet becomes an acting president until a special election, and then it's revised to get nineteen forty seven where they reinstate the speaker of the house and the president pro time and that order, and then you have the twenty fifth amendment in nineteen sixty seven. So so, you know, we could become simply revising these laws, and I think if you look at everything from the designated survivor, and so forth, we try to account for all these different things. But I think the gap that you raises an important one. Which is how do you ensure that the speaker of the house and the president pro tem who are the only two non members of the adminis-? Ration- to be in the line of succession. How do you make sure that they're sufficiently in the loop, particularly in hyper partisan time when they're of a different political party, plenty of challenges to address in. We're better off when we address them with some knowledge of the history. Thanks for being this history alive with your book, accidental presidents Jared cone, it's been a pleasure. Thank you very much. The law. Fair podcast is produced in cooperation with the Brookings Institution. Thanks this week to Jared. Cohen for coming on the show. Please do share the podcast rate. It tweet about it. Anyway, to publicize it certainly helps this is edited and produced by the tireless, Jen. Patch howell. Michaela Phobos stepped up audio engineer and Sofiane performed our music as always thanks for listening..

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