Yes, the Presidential Succession Act is Constitutional.
In light of recent events, I’d like to flag an Op-Ed I wrote in November, 2019 with Professor Seth Barrett Tillman. We explained why the Presidential Succession Act is constitutional, and that Nancy Pelsoi can become President. I know people do not like our theory about the Constitution’s “office”- and “officer”-language. But under an alternate theory advanced by Professors Akhil and Vikram Amar, the Presidential Succession Act is unconstitutional. If the Amars are right, we may be headed to a true crisis, where multiple people could lay claim to the Presidency.
Here is an excerpt:
Assume that President Donald Trump is impeached and removed from office. At that point, Mike Pence would become president. The position of vice president would remain vacant until Congress confirmed a replacement, nominate
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