Vice Presidential Vacancies: Congressional Procedures in the Ford and Rockefeller Nominations (CRS Report for Congress)
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| Release Date |
Aug. 21, 1998 |
| Report Number |
98-730 |
| Report Type |
Report |
| Authors |
Thomas H. Neale, Government Division |
| Source Agency |
Congressional Research Service |
Summary:
Although the Constitution provides that the Vice President succeeds the President in cases of
removal, death, resignation, or disability, it makes no provision for filling vacancies in the vice
presidency. On sixteen occasions between 1789 and 1967, the vice presidency was vacant. In eight
instances, the Vice President replaced a President who had died; in seven, the Vice President died
in office; and in one case, the incumbent resigned. During these sometimes lengthy periods, the
office remained vacant, and some other officer served as first in line to the President. Between 1792
and 1886, the President Pro Tempore of the Senate and the Speaker of the House were next in line
to succeed the President after the Vice President; between 1886 and 1947, the persons to succeed
were the Secretary of State and other cabinet officers in the order in which their departments were
created. The Presidential Succession Act of 1947 placed the Speaker and President Pro Tempore
in first and second place, followed by the Cabinet, as before.
In the post-World War II era, these arrangements were increasingly regarded as inadequate,
particularly in light of America's great-power status and the growth of world tensions as the Cold
War evolved. Most observers believed the nation needed a Vice President fully prepared to assume
the demands of the presidency at all times. The assassination of President John Kennedy in 1963
provided a dramatic catalyst for change, helping stimulate congressional approval of an amendment
that, among other provisions, empowers the President to nominate a Vice President whenever the
office is vacant, subject to approval by a majority of both houses of Congress. The 25th Amendment
became operational in 1967.
Within a decade, Congress considered two nominees for the vice presidency. Both occurred
at least indirectly because of the Watergate affair. In 1973, Vice President Spiro Agnew resigned
as part of a plea bargain to avoid prosecution on political corruption charges, and President Richard
Nixon nominated House Republican Leader Gerald Ford to succeed him. Congressional precedents
established included the essentially bi-partisan nature of the confirmation process, full utilization of
the Federal Bureau of Investigation in investigating the nominee's public life and record, and
committee assignment to the Committee on Rules and Administration in the Senate and the
Committee on the Judiciary in the House. Ford was confirmed by overwhelming margins in both
houses. Less than a year later, Nixon himself resigned when it became obvious he would be
impeached for his actions in the Watergate affair. Ford succeeded to the presidency without incident
and nominated Nelson Rockefeller for Vice President. Although the Rockefeller nomination was
more controversial, due to the former Governor's extremely complex finances and certain
questionable political practices, he was also confirmed in both houses by comfortable majorities.
