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United States presidential line of succession
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The United States presidential line of succession is the order in which persons may become or act as President of the United States if the incumbent President becomes incapacitated, dies, resigns, or is removed from office (by impeachment by the House of Representatives and subsequent conviction by the Senate). The line of succession is set by the United States Constitution and the Presidential Succession Act of 1947[1] as subsequently amended to include newly created cabinet offices. The succession follows the order of Vice President, Speaker of the House of Representatives, President pro tempore of the Senate, and then the heads of federal executive departments who form the Cabinet of the United States. The Cabinet currently has fifteen members, beginning with the Secretary of State, and followed by the rest in the order of their positions' creation. Those heads of department who are ineligible to act as President are also ineligible to succeed the President by succession, for example most commonly if they are not a natural-born U.S. citizen.
Several constitutional law experts have raised questions as to the constitutionality of the provisions that the Speaker of the House and the President pro tempore of the Senate succeed to the presidency,[2] and in 2003 the Continuity of Government Commission raised a number of other issues with the current line of succession.[3]
Contents
[hide]
1 Current order
2 Eligibility
2.1 Eligibility requirements
2.2 Acting officers
3 Motivation for changes to the succession in 1945
4 Constitutional provisions
5 Acting President and President
6 History of succession law set by Congress
6.1 Presidential Succession Act 1792
6.2 Presidential Succession Act 1886
6.3 Presidential Succession Act 1947
6.4 Postmaster General removed 1971
6.5 Secretary of Homeland Security added 2006
7 Successions beyond Vice President
8 Constitutional concerns
9 See also
10 References
11 Further reading
12 External links
Current order[edit]
The current presidential order of succession is as follows:[4]
Key
Eligible Democrat (D)
Eligible Republican (R)
Eligible Independent (I)
Eligible unknown
Not eligible
No.
Office
Current officer
1
Vice President Mike Pence (R)
2
Speaker of the House of Representatives Paul Ryan (R)
3
President pro tempore of the Senate Orrin Hatch (R)
4
Secretary of State Rex Tillerson (R)
5
Secretary of the Treasury Steven Mnuchin (R)
6
Secretary of Defense James Mattis (I)
7
Attorney General Jeff Sessions (R)
8
Secretary of the Interior Ryan Zinke (R)
9
Secretary of Agriculture Sonny Perdue (R)
10
Secretary of Commerce Wilbur Ross (R)
11
Secretary of Labor Alex Acosta (R)
12
Secretary of Health and Human Services Eric Hargan (R)[a]
Acting
13
Secretary of Housing and Urban Development Ben Carson (R)
–
Secretary of Transportation Elaine Chao (R)[b]
14
Secretary of Energy Rick Perry (R)
15
Secretary of Education Betsy DeVos (R)
16
Secretary of Veterans Affairs David Shulkin (I)
17
Secretary of Homeland Security Elaine Duke (I)[a]
Acting
^ Jump up to: a b This listing assumes that acting officers whose prior appointment required Senate confirmation are eligible for the line of succession. See Acting officers below.
Jump up ^ Not a natural-born citizen (acquired U.S. citizenship by naturalization) and thus ineligible for the Presidency.
Cabinet officers are in line according to the chronological order of their department's creation or the department of which their department is the successor (the Department of Defense being successor to the Department of War, and the Department of Health and Human Services being successor to the Department of Health, Education and Welfare).[a]
Eligibility[edit]
Eligibility requirements[edit]
To be eligible to serve as President, a person must be a natural-born U.S. citizen, at least 35 years of age, and a resident within the United States for at least 14 years. These eligibility requirements are specified both in the U.S. Constitution, Article II, Section 1, Clause 5, and in the Presidential Succession Act of 1947 (3 U.S.C. § 19(e)).
Acting officers[edit]
Acting officers may be eligible. In 2009, the Continuity of Government Commission, a private non-partisan think tank, reported,
The language in the current Presidential Succession Act is less clear than that of the 1886 Act with respect to Senate confirmation. The 1886 Act refers to "such officers as shall have been appointed by the advice and consent of the Senate to the office therein named..." The current act merely refers to "officers appointed, by and with the advice and consent of the Senate." Read literally, this means that the current act allows for acting secretaries to be in the line of succession as long as they are confirmed by the Senate for a post (even for example, the second or third in command within a department). It is common for a second in command to become acting secretary when the secretary leaves office. Though there is some dispute over this provision, the language clearly permits acting secretaries to be placed in the line of succession. (We have spoken to acting secretaries who told us they had been placed in the line of succession.)[5]
Motivation for changes to the succession in 1945[edit]
Two months after succeeding Franklin D. Roosevelt, President Harry S. Truman proposed that the Speaker of the House and the President pro tempore of the Senate be granted priority in the line of succession over the Cabinet so as to ensure the President would not be able to appoint his successor to the Presidency.[6]
The Secretary of State and the other Cabinet officials are appointed by the President, while the Speaker of the House and the President pro tempore of the Senate are elected officials. The Speaker is chosen by the U.S. House of Representatives, and every Speaker has been a member of that body for the duration of their term as Speaker, though this is not technically a requirement; the President pro tempore is chosen by the U.S. Senate and customarily the Senator of the majority party with the longest record of continuous service fills this position. The Congress approved this change and inserted the Speaker and President pro tempore in line, ahead of the members of the Cabinet in the order in which their positions were established.
In his speech supporting the changes, Truman noted that the House of Representatives is more likely to be in political agreement with the President and Vice President than the Senate. The succession of a Republican to a Democratic Presidency would further complicate an already unstable political situation. However, when the changes to the succession were signed into law, they placed Republican House Speaker Joseph W. Martin first in the line of succession after the Vice President.[7]
Some of Truman's critics said that his ordering of the Speaker before the President pro tempore was motivated by his dislike of the then-current holder of the latter rank, Senator Kenneth McKellar.[8] Further motivation may have been provided by Truman's preference for House Speaker Sam Rayburn to be next in the line of succession, rather than Secretary of State Edward R. Stettinius, Jr.[7]
Constitutional provisions[edit]
The line of succession is mentioned in three places in the Constitution:
Article II, Section 1, Clause 6 makes the Vice President first in the line of succession and allows the Congress to provide by law for cases in which neither the President nor Vice President can serve. The current such law governing succession is the Presidential Succession Act of 1947 (3 U.S.C. § 19).
Section 3 of the 20th Amendment provides that if the President-elect dies before his term begins, the Vice President-elect becomes President on Inauguration Day and serves for the full term to which the President-elect was elected. The section also provides that if, on Inauguration Day, a president has not been chosen or the President-elect does not qualify for the presidency, the Vice President-elect acts as president until a president is chosen or the President-elect qualifies. Finally, Section 3 allows the Congress to provide by law for cases in which neither a President-elect nor a Vice President-elect is eligible or available to serve.
The 25th Amendment, ratified in 1967, clarified Article II, Section 1: that the Vice President is the direct successor of the President. He or she becomes President if the President dies, resigns or is removed from office. The amendment also provides for the situation where the President is temporarily disabled, such as if the President has a surgical procedure or becomes mentally unfit.
The amendment also provides for Vice Presidential succession, by requiring Vice Presidential vacancies to be filled by the President and confirmed by both houses of the Congress. Previously, whenever a Vice President had succeeded to the Presidency or had otherwise left the office empty (through death, resignation, or removal from office), the Vice Presidency remained vacant until the next Presidential and Vice Presidential terms began.
Acting President and President[edit]
Main article: Acting President of the United States
New President Lyndon Johnson was sworn in aboard Air Force One, following the assassination of John F. Kennedy in 1963.
Article II, Section 1 of the United States Constitution provides that:
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 ... until the disability be removed, or a President elected.
This originally left open the question whether "the same" refers to "the said office" or only "the powers and duties of the said office." Some historians, including Edward Corwin[9] and John D. Feerick,[9] have argued that the framers' intention was that the Vice President would remain Vice President while executing the powers and duties of the Presidency; however, there is also much evidence to the contrary, the most compelling of which is Article I, section 3, of the Constitution itself, the relevant text of which reads:
The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
The Senate shall chuse [sic] their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
This text appears to answer the hypothetical question of whether the office or merely the powers of the Presidency devolved upon the Vice President on his succession. Thus, the 25th Amendment merely restates and reaffirms the validity of existing precedent, apart from adding new protocols for Presidential disability.[original research?] Not everyone agreed with this interpretation when it was first actually tested, and it was left to Vice President John Tyler, the first presidential successor in U.S. history, to establish the precedent that was respected in the absence of the 25th Amendment.
In 1841, John Tyler became the first person to succeed to the presidency.
Upon the death of President William Henry Harrison in 1841 and after a brief hesitation, Tyler took the position that he was the President and not merely acting President upon taking the presidential oath of office. However, some contempories—including John Quincy Adams,[9][10] Henry Clay[11] and other members of Congress[10][11] Whig party leaders[11] and even Tyler's own cabinet[10][11]—believed that he was only acting as President and did not have the office itself.
Nonetheless, Tyler adhered to his position, even returning, unopened, mail addressed to the "Acting President of the United States" sent by his detractors.[12] Tyler's view ultimately prevailed when the Senate voted to accept the title "President,"[11] and this precedent was followed thereafter. The question was finally resolved by Section 1 of the 25th Amendment, which specifies that "In case of the removal of the President from office or of his death or resignation, the Vice President shall become President." The Amendment does not specify whether officers other than the Vice President can become President rather than Acting President in the same set of circumstances. The Presidential Succession Act refers only to other officers acting as President rather than becoming President.
History of succession law set by Congress[edit]
Presidential Succession Act 1792[edit]
Main article: Presidential Succession Act
Wikisource has original text related to this article:
Presidential Succession Act 1792
The Presidential Succession Act of 1792 was the first succession law passed by Congress. The act was contentious because the Federalists did not want the then Secretary of State, Thomas Jefferson, who had become the leader of the Democratic-Republicans, to follow the Vice President in the succession. There were also separation of powers concerns over including the Chief Justice of the United States in the line. The compromise they worked out established the President pro tempore of the Senate as next in line after the Vice President, followed by the Speaker of the House of Representatives.
In either case, these officers were to "act as President of the United States until the disability be removed or a president be elected." The Act called for a special election to be held in November of the year in which dual vacancies occurred (unless the vacancies occurred after the first Wednesday in October, in which case the election would occur the following year; or unless the vacancies occurred within the last year of the presidential term, in which case the next election would take place as regularly scheduled). The people elected President and Vice President in such a special election would have served a full four-year term beginning on March 4 of the next year, but no such election ever took place.
Presidential Succession Act 1886[edit]
Wikisource has original text related to this article:
Presidential Succession Act 1886
In 1881, after the death of President Garfield, and in 1885, after the death of Vice President Hendricks, there had been no President pro tempore in office, and as the new House of Representatives had yet to convene, no Speaker either,[13] leaving no one at all in the line of succession after the vice president. When Congress convened in December 1885, President Cleveland asked for a revision of the 1792 act, which was passed in 1886. Congress replaced the President pro tempore and Speaker with officers of the President's Cabinet with the Secretary of State first in line. In the first 100 years of the United States, six former Secretaries of State had gone on to be elected President, while only two congressional leaders had advanced to that office. As a result, changing the order of the line of succession seemed reasonable.[citation needed]
Presidential Succession Act 1947[edit]
Wikisource has original text related to this article:
Presidential Succession Act 1947
The Presidential Succession Act of 1947, signed into law by President Harry S. Truman, added the Speaker of the House and President pro tempore back in the line, but switched the two from the 1792 order. It remains the sequence used today[update]. Since the reorganization of the military in 1947 had merged the War Department (which governed the Army) with the Department of the Navy into the Department of Defense, the Secretary of Defense took the place in the order of succession previously held by the Secretary of War. The office of Secretary of the Navy, which had existed as a Cabinet-level position since 1798, had become subordinate to the Secretary of Defense in the military reorganization, and so was dropped from the line of succession in the 1947 Succession Act.
Postmaster General removed 1971[edit]
Until 1971, the Postmaster General, the head of the Post Office Department, was a member of the Cabinet, initially the last in the presidential line of succession before new officers were added. Once the Post Office Department was re-organized into the United States Postal Service, a special agency independent of the executive branch, the Postmaster General ceased to be a member of the Cabinet and was thus removed from the line of succession.[14]
Secretary of Homeland Security added 2006[edit]
The United States Department of Homeland Security was created in 2002. On March 9, 2006, pursuant to the renewal of the Patriot Act as Pub.L. 109–177, the Secretary of Homeland Security was added to the line of succession. The order of Cabinet members in the line has always been the same as the order in which their respective departments were established. Despite custom, many in Congress had wanted the Secretary to be placed at number eight on the list – below the Attorney General, above the Secretary of the Interior, and in the position held by the Secretary of the Navy prior to the creation of the Secretary of Defense – because the Secretary, already in charge of disaster relief and security, would presumably be more prepared to take over the presidency than some of the other Cabinet secretaries.[citation needed] Despite this, the 2006 law explicitly specifies that the "Secretary of Homeland Security" follows the "Secretary of Veterans Affairs" in the succession, effectively at the end of the list.[15]
Successions beyond Vice President[edit]
David Rice Atchison's tombstone (Plattsburg, Missouri), including the claim "President of the United States for One Day"
While nine Vice Presidents have succeeded to the office upon the death or resignation of the President, and two Vice Presidents have temporarily served as acting President, no other officer has ever been called upon to act as President. On March 4, 1849, President Zachary Taylor's term began, but he declined to be sworn in on a Sunday, citing religious beliefs, and the Vice President was not sworn either. As the last President pro tempore of the Senate, David Rice Atchison was thought by some to be next in line after the Vice President, and his tombstone claims that he was US President for the day. However, Atchison took no oath of office to the presidency either, and his term as Senate President pro tempore had by then expired.[16][17]
In 1865, when Andrew Johnson assumed the Presidency on the death of Abraham Lincoln, the office of Vice President became vacant. At that time, the Senate President pro tempore was next in line to the presidency. In 1868, Johnson was impeached by the House of Representatives and subjected to trial in the Senate, and if he had been convicted and thereby removed from office, Senate President pro tempore Benjamin Wade would have become acting President. This posed a conflict of interest, as Wade's "guilty" vote could have been decisive in removing Johnson from office and giving himself presidential powers and duties. (Johnson was acquitted by a one-vote margin.)
In his book The Shadow Presidents, which he published in 1979, Michael Medved describes a situation that arose prior to the 1916 election, when the First World War was raging in Europe. In view of the contemporary international turmoil, President Woodrow Wilson thought that if he lost the election it would be better for his opponent to begin his administration straight away, instead of waiting through the lame duck period, which at that time had a duration of almost four months. President Wilson and his aides formed a plan to exploit the rule of succession so that his rival Charles Evans Hughes could take over the Presidency as soon as the result of the election was clear. The plan was that Wilson would appoint Hughes to the post of Secretary of State. Wilson and his Vice President Thomas R. Marshall would then resign, and as the Secretary of State was at that time designated next in line of succession, Hughes would become President immediately. As it happened, President Wilson won re-election, so the plan was never put into action.[18]
New President Gerald Ford is sworn in following the resignation of Richard Nixon on August 9, 1974.
Since the 25th Amendment's ratification, its Second Section, which addresses Vice Presidential succession as noted above, has been invoked twice.
During the 1973 Vice Presidential vacancy, House Speaker Carl Albert was first in line. As the Watergate scandal made President Nixon's removal or resignation possible, Albert would have become Acting President and—under Title 3, Section 19(c) of the U.S. Code—would have been able to "act as President until the expiration of the then current Presidential term" on January 20, 1977. Albert openly questioned whether it was appropriate for him, a Democrat, to assume the powers and duties of the presidency when there was a public mandate for the Presidency to be held by a Republican. Albert announced that should he need to assume the Presidential powers and duties, he would do so only as a caretaker. However, with the nomination and confirmation of Gerald Ford to the Vice Presidency, which marked the first time the Second Section of the Twenty-fifth Amendment was invoked, these series of events were never tested. Albert again became first-in-line during the first four months of Ford's Presidency, before the confirmation of Vice President Nelson Rockefeller,[citation needed] which marked the second time Section 2 of the Twenty-fifth Amendment was invoked.
In 1981, when President Ronald Reagan was shot, Vice President George H. W. Bush was traveling in Texas. Secretary of State Alexander Haig responded to a reporter's question regarding who was running the government by stating:
Constitutionally, gentlemen, you have the President, the Vice President and the Secretary of State in that order, and should the President decide he wants to transfer the helm to the Vice President, he will do so. He has not done that. As of now, I am in control here, in the White House, pending return of the Vice President and in close touch with him. If something came up, I would check with him, of course.[19]
A bitter dispute ensued over the meaning of Haig's remarks. Most people believed that Haig was referring to the line of succession and erroneously claimed to have temporary Presidential authority, due to his implied reference to the Constitution. Haig and his supporters, noting his familiarity with the line of succession from his time as White House Chief of Staff during Richard Nixon's resignation, said he only meant that he was the highest-ranking officer of the Executive branch on-site, managing things temporarily until the Vice President returned to Washington.[citation needed]
Constitutional concerns[edit]
Several constitutional law experts have raised questions as to the constitutionality of the provisions that the Speaker of the House and the President pro tempore of the Senate succeed to the presidency.[20] James Madison, one of the authors of the Constitution, raised similar constitutional questions about the Presidential Succession Act of 1792 in a 1792 letter to Edmund Pendleton.[21] Two of these issues can be summarized:
The term "Officer" in the relevant clause of the Constitution is most plausibly interpreted to mean an "Officer of the United States", who must be a member of the Executive or Judicial Branch. The Speaker and the President pro tempore are not officers in this sense.
Under the principle of separation of powers, the Constitution specifically disallows legislative officials from also serving in the executive branch. For the Speaker or the Senate President pro tempore to become Acting President, they must resign their position, at which point they are no longer in the line of succession. This is seen by some to form a constitutional paradox. However, the current Act specifies that the Speaker becomes President "upon his resignation as Speaker" and as a member of Congress,[22] allowing for a seamless transition.
In 2003 the Continuity of Government Commission suggested that the current law has "at least seven significant issues ... that warrant attention", specifically:[23]
The reality that all figures in the current line of succession work and reside in the vicinity of Washington, D.C. In the event of a nuclear, chemical, or biological attack, it is possible that everyone on the list would be killed or incapacitated.
Doubt (such as those expressed above by James Madison) that congressional leaders are eligible to act as President.
A concern about the wisdom of including the President pro tempore in the line of succession as the "largely honorific post traditionally held by the longest-serving Senator of the majority party". For example, from January 20, 2001, to June 6, 2001, the President pro tempore was then-98-year-old Strom Thurmond of South Carolina.
A concern that the current line of succession can force the presidency to abruptly switch parties mid-term, as the President, Speaker, and the President pro tempore are not necessarily of the same party as each other.
A concern that the succession line is ordered by the dates of creation of the various executive departments, without regard to the skills or capacities of the persons serving as their Secretary.
The fact that, should a Cabinet member begin to act as President, the law allows the House to elect a new Speaker (or the Senate, a new President pro tempore), who could in effect remove the Cabinet member and assume the office themselves at any time.
The absence of a provision where a President is disabled and the vice presidency is vacant (for example, if an assassination attempt simultaneously wounded the President and killed the Vice President).
See also[edit]
Central Locator System
Designated survivor
List of United States presidential assassination attempts and plots
United States presidential line of succession in fiction
References[edit]
Jump up ^ 3 U.S.C. § 19
Jump up ^ "Is the Presidential Succession Law Constitutional?", Akhil Reed Amar, Stanford Law Review, November 1995.
Jump up ^ First Report p. 4, continuityofgovernment.org Retrieved December 28, 2010 via Internet Archive to repair dead link
Jump up ^ Wilson, Reid (October 20, 2013). "The Presidential order of succession". The Washington Post. ISSN 0190-8286. Retrieved November 10, 2015.
Jump up ^ "The Continuity of the Presidency," Continuity of Government Commission, June 2009, p. 34. (Archived by WebCite at [1] Accessed: 2012-05-23)
Jump up ^ "Special Message to the Congress on the Succession to the Presidency. June 19, 1945" by President Harry S. Truman; from the American Presidency Project archives
^ Jump up to: a b Wildavsky, Aaron B. (2003). Horowitz, Irving, ed. The revolt against the masses and other essays on politics and public policy (Google Books). Transaction Publishers. p. 122. ISBN 978-0-7658-0960-5. Retrieved July 24, 2009.
Jump up ^ "kipnotes.com - Nachrichten zum trading -". kipnotes.com - Nachrichten zum trading.
^ Jump up to: a b c Schlesinger, Arthur M., Jr. (Autumn 1974). "On the Presidential Succession". Political Science Quarterly. 89 (3): 475, 495–496. JSTOR 2148451.
^ Jump up to: a b c Rankin, Robert S. (Feb 1946). "Presidential Succession in the United States". The Journal of Politics. 8 (1): 44–56. JSTOR 2125607. doi:10.2307/2125607.
^ Jump up to: a b c d e Abbott, Philip (Dec 2005). "Accidental Presidents: Death, Assassination, Resignation, and Democratic Succession". Presidential Studies Quarterly. 35 (4): 627, 638. JSTOR 27552721. doi:10.1111/j.1741-5705.2005.00269.x.
Jump up ^ Crapol, Edward P. (2006). John Tyler: the accidental president. UNC Press Books. p. 10. ISBN 978-0-8078-3041-3. OCLC 469686610.
Jump up ^ Lewis, Charlton Thomas; Willsey, Joseph H. (1895). Harper's Book of Facts: a Classified History of the World; Embracing Science, Literature, and Art. New York: Harper & Brothers. p. 884. LCCN 01020386. Retrieved April 24, 2011.
Jump up ^ "U.S. Postmasters General". postalmuseum.si.edu. Retrieved November 10, 2015.
Jump up ^ US Congress (2005). USA PATRIOT Improvement and Reauthorization Act OF 2005. 109th Congress Public Law 177. Retrieved on October 29, 2015 from http://www.gpo.gov/fdsys/pkg/PLAW-109publ177/html/PLAW-109publ177.htm.
Jump up ^ "1801: President for a Day -- March 4, 1849". May 29, 2014.
Jump up ^ David Mikkelson (October 8, 2007). "President for a Day". snopes.
Jump up ^ Medved, Michael (1979). The Shadow Presidents: The Secret History of the Chief Executives and Their Top Aides. New York, U.S.A.: Times Books. p. 149. ISBN 0-8129-0816-3.
Jump up ^ "Alexander Haig", Time, April 2, 1984
Jump up ^ "Is the Presidential Succession Law Constitutional?", Akhil Reed Amar, Stanford Law Review, November 1995.
Jump up ^ "Article 2, Section 1, Clause 6: James Madison to Edmund Pendleton".
Jump up ^ Wikisource:Presidential Succession Act 1947
Jump up ^ First Report p. 4, continuityofgovernment.org Retrieved December 28, 2010 via Internet Archive to repair dead link
Further reading[edit]
Ask Gleaves: Presidential Succession from the website of Grand Valley State University
3 U.S.C. § 19 – "Vacancy in offices of both President and Vice President; officers eligible to act"
Presidential Succession Act of 1792, 1 Stat. 239 (from the American Memory website of the Library of Congress
"Presidential Line of Succession Examined", a September 20, 2003 article from the Milwaukee Journal Sentinel
"WI Presidential Succession Act of 1947 held unconstitutional", David Tenner, Usenet group: soc.history.what-if, January 14, 2003.
Fools, Drunkards, & Presidential Succession from the Federalist Society website
Testimony of M. Miller Baker from the U.S. Senate website
External links[edit]
The Presidency: Preserving Our Institutions Second report of the Continuity of Government Commission, June 2009 (includes the text of the Presidential Succession Acts of 1792, 1886 and 1947)
[show]
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Presidential line of succession in the United States of America
Vice President (Mike Pence)
Speaker of the House of Representatives (Paul Ryan)
President pro tempore of the Senate (Orrin Hatch)
Secretary of State (Rex Tillerson)
Secretary of the Treasury (Steven Mnuchin)
Secretary of Defense (James Mattis)
Attorney General (Jeff Sessions)
Secretary of the Interior (Ryan Zinke)
Secretary of Agriculture (Sonny Perdue)
Secretary of Commerce (Wilbur Ross)
Secretary of Labor (Alex Acosta)
Secretary of Health and Human Services (Eric Hargan)
Secretary of Housing and Urban Development (Ben Carson)
Secretary of Transportation (Elaine Chao[b])
Secretary of Energy (Rick Perry)
Secretary of Education (Betsy DeVos)
Secretary of Veterans Affairs (David Shulkin)
Secretary of Homeland Security (Elaine Duke)
Jump up ^ Never confirmed by and with the advice and consent of the Senate and thus ineligible for the presidential line of succession.
Jump up ^ Although Elaine Chao is the current Secretary of Transportation, she is not a natural-born citizen (acquired U.S. citizenship by naturalization) and thus ineligible for the Presidency.
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1946 Cabinet Mission to India
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The United Kingdom Cabinet Mission of 1946 to India aimed to discuss the transfer of power from the British government to the Indian leadership, with the aim of preserving India's unity and granting it independence. Formulated at the initiative of Clement Attlee, the Prime Minister of the United Kingdom, the mission had Lord Pethick-Lawrence, the Secretary of State for India, Sir Stafford Cripps, President of the Board of Trade, and A. V. Alexander, the First Lord of the Admiralty. Lord Wavell, the Viceroy of India, did not participate in every step but was present.
Contents
[hide]
1 Purposes and proposals
1.1 Plan of 16 May
1.2 Plan of 16 June
1.2.1 Reactions
2 Coalition and breakdown
3 References
4 Bibliography
5 Further reading
Purposes and proposals[edit]
The British wanted to keep India and its Army united so as to keep it in their system of 'imperial defence' even after granting it independence.[1][2] To preserve India's unity[3] the British formulated the Cabinet Mission Plan.[4] The Cabinet Mission's role was to hold preparatory discussions with the elected representatives of British India and the Indian states so as to secure agreement to the method of framing the constitution, to set up a constitution body and to set up an Executive Council with the support of the main Indian parties.
The Mission held talks with the representatives of the Indian National Congress and the All-India Muslim League, the two largest political parties in the Constituent Assembly of India. The two parties planned to determine a power-sharing arrangement between Hindus and Muslims to prevent a communal dispute. The Congress, under Gandhi and Nehru, wanted to obtain a strong central government, with more powers than state governments.[5] The All India Muslim League, under Jinnah, initially wanted to keep India united but with political safeguards provided to Muslims like parity in the legislatures because of the wide belief of Muslims that the British Raj was simply going to be turned into a Hindu Raj once the British departed, and since the Muslim League regarded itself as the sole spokesman party of Indian Muslims, it was incumbent upon it to take the matter up with the Crown. However, in the 1940 Lahore session of the Muslim League, Jinnah endorsed partition via the two nation theory of a West and East Pakistan, painting recent developments (1937 provincial election, refusal of Congress to recognise the League as the sole mouthpiece of Muslims in India, etc.) as a sign of assured enmity from Hindus, culminating in the Lahore Resolution, also known as the Pakistan Resolution. After initial dialogue, the Mission proposed its plan over the composition of the new government on 16 May 1946. In its proposals, the creation of a separate Muslim Pakistan was rejected.[6]
Plan of 16 May[edit]
A united Dominion of India would be given independence.
The Muslim-majority provinces would be grouped, with Sind, Punjab, Baluchistan and North-West Frontier Province forming one group, and Bengal and Assam would form another.
The Hindu-majority provinces in central and southern India would form another group.
The central government, stationed in Delhi, would be empowered to handle nationwide affairs, such as defence, currency, and diplomacy, and the rest of powers and responsibility would belong to the provinces,coordinated by groups.
An interim Government at the Centre representing all communities would be installed on the basis of parity between the representatives of the Hindus and the Muslims
Plan of 16 June[edit]
The plan of 16 May 1946 had a united India, in line with Congress and Muslim League aspirations, but that was where the consensus between the two parties ended since Congress abhorred the idea of having the groupings of Muslim-majority provinces and that of Hindu-majority provinces with the intention of balancing one another at the central legislature. The Muslim League could not accept any changes to this plan since they wanted to keep the safeguards of British Indian laws to prevent absolute rule of Hindus over Muslims.
Reaching an impasse, the British proposed a second plan on 16 June 1946 to arrange for India to be divided into Hindu-majority India and a Muslim-majority India that would later be renamed Pakistan since Congress had vehemently rejected 'parity' at the centre. A list of princely states of India, which would be permitted to accede to the dominion or attain independence, was also drawn up.
The Cabinet Mission arrived in India on 23 March 1946 and in Delhi on 2 April 1946. The announcement of the Plan on 16 May 1946 had been preceded by the Simla Conference in the first week of May.
Reactions[edit]
The approval of the plans determined the composition of the new government. The Congress Working Committee officially did not accept either plan. The resolution of the committee dated 24 May 1946 concluded that
The Working Committee consider that the connected problems involved in the establishment of a Provisional Government and a Constituent Assembly should be viewed together... In absence of a full picture, the Committee are unable to give a final opinion at this stage.[7]
And the resolution of 25 June 1946, in response to the June plan concluded
In the formation of a Provisional or other governance, Congressmen can never give up the national character of Congress, or accept an artificial and unjust parity, or agree to a veto of a communal group. The Committee are unable to accept the proposals for formation of an Interim Government as contained in the statement of June 16. The Committee have, however, decided that the Congress should join the proposed Constituent Assembly with a view to framing the Constitution of a free, united and democratic India.[7]
Coalition and breakdown[edit]
The Viceroy began organising the transfer of power to a Congress-League coalition. But in a "provocative speech" on 10 July 1946 Nehru was quoted in the press as saying "We are not bound by a single thing except that we have decided to go into the Constituent Assembly". By this Nehru effectively "torpedoed" any hope for a united India. Having been "duped in such a way", Jinnah withdrew the Muslim League's acceptance of the Cabinet Mission Plan on 17 July.[8][9]
Thus Congress leaders entered the Viceroy's Executive Council or the Interim Government of India. Nehru became the head, vice-president in title, but possessing the executive authority. Patel became the home member, responsible for internal security and government agencies. Congress-led governments were formed in most provinces, including the NWFP, in Punjab (a coalition with the Shiromani Akali Dal and the Unionist Muslim League).[citation needed] The League led governments in Bengal and Sind.[10] The Constituent Assembly was instructed to begin work to write a new constitution for India.
Jinnah and the League condemned the new government, and vowed to agitate for Pakistan by any means possible. Disorder arose in Punjab and Bengal, including the cities of Delhi, Bombay and Calcutta. On the League-organized Direct Action Day, over 5,000 people were killed across India, and Hindu, Sikh and Muslim mobs began clashing routinely. Wavell stalled the Central government's efforts to stop the disorder, and the provinces were instructed to leave this to the governors, who did not undertake any major action. To end the disorder and rising bloodshed, Wavell encouraged Nehru to ask the League to enter the government. While Patel and most Congress leaders were opposed to conceding to a party that was organising disorder, Nehru conceded in hope of preserving communal peace.
League leaders entered the council under the leadership of Liaquat Ali Khan, the future first Prime Minister of Pakistan who became the finance minister,[11] but the council did not function in harmony, as separate meetings were not held by League ministers, and both parties vetoed the major initiatives proposed by the other, highlighting their ideological differences and political antagonism. At the arrival of the new (and proclaimed as the last) viceroy, Lord Mountbatten of Burma in early 1947, Congress leaders expressed the view that the coalition was unworkable. That led to the eventual proposal, and acceptance of the partition of India. The rejection of cabinet mission plan led to a resurgence of confrontational politics beginning with the Muslim League's Direct action day and the subsequent killings in Noakhali and Bihar. The portioning of responsibility of the League, the Congress and the British Colonial Administration for the breakdown continues to be a topic of fierce disagreement.
References[edit]
Jump up ^ Jeffery J. Roberts (2003). The Origins of Conflict in Afghanistan. Greenwood Publishing Group. pp. 85–. ISBN 978-0-275-97878-5. Virtually every Briton wanted to keep India united. Many expressed moral or sentimental obligations to leave India intact, either for the inhabitants' sake or simply as a lasting testament to the Empire. The Cabinet Defense Committee and the Chiefs of Staff, however, stressed the maintenance of a united India as vital to the defense (and economy) of the region. A unified India, an orderly transfer of power, and a bilateral alliance would, they argued, leave Britain's strategic position undamaged. India's military assets, including its seemingly limitless manpower, naval and air bases, and expanding production capabilities, would remain accessible to London. India would thus remain of crucial importance as a base, training ground, and staging area for operations from Egypt to the Far East.
Jump up ^ Darwin, John (2011-03-03). "Britain, the Commonwealth and the End of Empire". BBC. Retrieved Apr 10, 2017. But the British still hoped that a self-governing India would remain part of their system of 'imperial defence'. For this reason, Britain was desperate to keep India (and its army) united.
Jump up ^ Michael Mann (24 October 2014). South Asia’s Modern History: Thematic Perspectives. Taylor & Francis. pp. 118–. ISBN 978-1-317-62445-5. The Mission's aim was to ensure the unity of British India.
Jump up ^ Barbara D. Metcalf; Thomas R. Metcalf (2002). A Concise History of India. Cambridge University Press. pp. 212–. ISBN 978-0-521-63974-3. By this scheme, the British hoped they could at once preserve the united India desired by the Congress, and by themselves, and at the same time, through the groups, secure the essence of Jinnah's demand for a 'Pakistan'.
Jump up ^ Seervai, H. M.: Partition of India: Legend and Reality, 2005. Intro: xxvi. ISBN 0-19-597719-X
Jump up ^ "Cabinet Mission Plan 1946". GKToday. 30 October 2011. Retrieved 26 March 2017.
^ Jump up to: a b "Cabinet Mission Plan: May and June Congress Resolutions". Retrieved 2013-05-28.
Jump up ^ Barbara D. Metcalf; Thomas R. Metcalf (2002). A Concise History of India. Cambridge University Press. pp. 213–. ISBN 978-0-521-63974-3.
Jump up ^ Michael Mann (24 October 2014). South Asia’s Modern History: Thematic Perspectives. Taylor & Francis. pp. 80–. ISBN 978-1-317-62445-5.
Jump up ^ Ayesha Jalal (1994). The Sole Spokesman: Jinnah, the Muslim League and the Demand for Pakistan. Cambridge University Press. p. 218. ISBN 978-0-521-45850-4.
Jump up ^ Ayesha Jalal (1994). The Sole Spokesman: Jinnah, the Muslim League and the Demand for Pakistan. Cambridge University Press. p. 225. ISBN 978-0-521-45850-4.
Bibliography[edit]
Kanji Dwarkadas, Ten years to freedom
Rajmohan Gandhi, Patel: A Life
Nicholas Mansergh, The Transfer of Power 1942-7 [12 volumes]
V. P. Menon, Transfer of no Power
Robin James Moore, Escape from Empire
H. M. Seervai, Partition of India: Legend and Reality [ed. 2005]
Jaswant Singh, Jinnah: India- Partition- Independence
Stanley Wolpert, Jinnah
Philip Zeigler, Mountbatten
Further reading[edit]
India's Constitutional Question – The Cabinet Mission Plan 1946
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