| Homer Simpson may not be the model father - although he is a talented doughnut eater and beer guzzler. He is, however, the overwhelming favorite in a recent Radio Times poll when people were asked which U.S. TV character should be president. This comes in the wake of U.S. President Bush stating that American families should try and be more like the Waltons than the Simpsons.
US President Termination of Powers could occur due to various cases:
1. On expiry of the term, which is the most frequent case;
2. Due to death; Four Presidents – W.H.Harrison, Z.Taylor, W.G.Harding and F.D.Roosevelt died while serving as President and four – A. Lincoln, J.A. Garfield, W.Mckinley and J.F.Kenndey were assassinated;
3. Voluntary retirement, which was taken only by Nixon;
4. A President can be discharged from the post after an adjudication of impeachment for high treason, bribery or other serious crimes. To date, not even a single attempt of impeachment to a US president tasted success.
Order of filling-up the presidential vacancy:
In case of the discharge of the President from the post, death, resignation or inability to accomplish the powers and duties, then the powers and duties are transferred to the vice-president of the United States. The initial text of the constitution of the USA was ambiguous and permitted the interpretation, according to which the vice-president receives only powers and duties (Vice-president becomes, conditionally speaking, “Acting President of USA”) and also the interpretation, according to which the vice-president receives the post (becomes president of the US and takes the corresponding oath of office). Throughout the 19th and 20th centuries, this position was always practically interpreted in the sense, that the vice-president shall become the sovereign president; the first precedent of such a handing-over of powers occurred with John Tyler in 1841, who after the death of William Harrison immediately proclaimed himself as the US president and refused to unseal the letters addressed to the “Acting President”. The 25th amendment to the Constitution, according to which the “vice-president unambiguously becomes the president” was passed only in 1967.
In case of discharge, death, resignation or inability to serve the post of President as well as Vice-president, congress can pass a law, indicating the official who shall operate as President. Such an official accomplishes corresponding duties, till the reason for the inability of the President to carry out duties is not rectified or a new President is selected. From 1947 a law exists, according to which the president is replaced by the following officials in the same order:
1. Vice President;
2. Speaker of House of Representatives;
3. First member of the Senate;
4. Secretary of State;
5. Law Minister;
6. Defense Minister;
7. Finance Minister.
This list contains only 18 officials (conspiracy theories exist, according to which a secret continuation of the list is available, figuring 50 or 100 names and intended in case of a nuclear war or large-scale catastrophe; the majority of experts perceives them skeptically). The procedure of replacing is restricted by a condition that the person, who is about to fulfill the duties of president, should be a citizen of the USA by birth on its territory and should be living in the USA for 9 years (if one of these conditions is not met, then the corresponding person is skipped and the right for replacement passes onto the next number in the list). Also, applicable laws do not exist, which confirm that a person in the list would become president or Acting President; examples for handing-over of powers do not exist.
The following presidents: J. Tyler, M.Fillmore, A.Johnson, C.Arthur, T.Roosevelt, C.Coolidge, H. Truman, L.Johnson and G. Ford became presidents from the post of vice-president, whereas Ford was not even elected to the post of vice president earlier but appointed by Congress on the representation of the president.
|
