Why is 90-year-old Senator Byrd "Senate president pro tempore" == third in line for Presidency ?

[palintology]

Isn't time for an age limit for "Senate president pro tempores" ???

http://www.politico.com/news/stories/1008/15013.html

[wyldwolf]

1. because that's the rules of the senate. Unfortunate in this case but at least it isn't a Republican

[palintology]

7. Robert Byrd replaced Ted Stevens (R-Alaska) !!! ...

... who held the office from January 3, 2003, to January 4, 2007.

The President pro tempore is elected by the Senate ... therefore the senators can set the rules and impose age limits.

[leftynyc]

9. He's not so much elected

It's whoever has served the longest and is in the majority party.

[deadmessengers]

18. That's by custom & tradition, not by law.

The Senate can actually vote for whomever they want, including a non-senator.

[leftynyc]

23. True 'nuff

Any idea how/when that got started? Was it ever any different?

[deadmessengers]

25. I don't, and now I'm really curious

I wonder if it's in Robert Byrd's history of the US Senate? I'll have to do some research, for my own curiosity.

[leftynyc]

29. I'd love to know also

Maybe that's what I'll do with the extra hour we get this weekend (time change). I love all the interesting little factoids that come up every election.

[eshfemme]

30. Whoa, now I'm kinda curious-- who was the non-Senator that got elected President pro-tempore?

Or is it just a what-if provision made somewhere in the Senate bylaws?

[deadmessengers]

31. "what if"

It's never happened, but there's nothing in the Senate rules that says that the pro-tem has to be chosen from the ranks of the Senate.

[donheld]

2. It could be much worse

[KingFlorez]

3. No

Senate President Pro-Tem is mainly a ceremonial position for the longest serving member of the majority party. It's not that big of a deal.

[virgdem]

4. I believe that the Speaker of the House...

Nancy Pelosi, is third in line for the Presidency.

[kwolf68]

5. Yep

That'd be the case

[nilram]

11. she's second

first in line is the vp
second in line is the speaker of the house
third in line is the president pro tempore of the senate

[litlady]

26. Incorrect - they re-wrote this rule and Karl Rove is actually second in line. nt

[BlooInBloo]

35. Only if you can't count.

[phleshdef]

6. I grew up in WVa. The guy is an icon to his constituents...

We wouldn't have had a highway anywhere in the state if it wasn't for Robert Byrd. They will continue to re-elect him until he stops running or he is dead, whichever comes first.

[hughee99]

10. I'm not sure about that...

I think he could pull a Mel Carnahan and still win after he's dead.

[Blondiegrrl]

24. I'd vote for Dead Robert C. Byrd over Fascist John Raese any day.

:shrug:

[ieoeja]

16. Just learned today Stevens is essentially one of the Founding Fathers of Alaska.

He was in Alaskan politics before Alaska was a state. Furthermore, he was one of those who worked on Alaskan statehood.

So I can understand why some Alaskans are so depressed over what has happened. It is hard when a hero falls.

[jdlh8894]

20. Or, he can't play a fiddle anymore!

:sarcasm:

[hughee99]

8. If we ever had to go this far down the line of succession

His age would be the least of our problems.

[Strawman]

22. Exactly

[palintology]

12. Fourth in line would be ...

I thought it would the President of the Supreme Court: Roberts ... but apparently not.


This is a list of the current presidential line of succession, as specified by the Presidential Succession Act of 1947 (3 U.S.C. § 19).
# Office Current Officer
1 Vice President and President of the Senate Dick Cheney
2 Speaker of the House of Representatives Nancy Pelosi
3 President pro tempore of the Senate Robert Byrd
4 Secretary of State Condoleezza Rice
5 Secretary of the Treasury Henry Paulson
6 Secretary of Defense Robert Gates
7 Attorney General Michael Mukasey
8 Secretary of the Interior Dirk Kempthorne
9 Secretary of Agriculture Ed Schafer
— Secretary of Commerce Carlos Gutierrez (non-natural)†
— Secretary of Labor Elaine Chao (non-natural)†
10 Secretary of Health and Human Services Mike Leavitt
11 Secretary of Housing and Urban Development Steve Preston
12 Secretary of Transportation Mary Peters
13 Secretary of Energy Samuel Bodman
14 Secretary of Education Margaret Spellings
15 Secretary of Veterans Affairs James Peake
16 Secretary of Homeland Security Michael Chertoff

http://en.wikipedia.org/wiki/United_States_presidential_line_of_succession

[nsd]

14. Odd. You'd think the Secy. of Homeland Security would be higher on the list.

Certainly higher than the Secretary of Agriculture, for example.

[palintology]

19. Presidential Succession Act of 1947 ...

I don't think there was a Secy. of Homeland Security in 1947.

[magdalena]

21. Amended in 2006.

From Wikipedia:

On March 9, 2006, President Bush signed H.R. 3199 as Pub.L. 109-177, which renewed the Patriot Act and amended the Presidential Succession Act to include the Secretary of Homeland Security in the line of succession after the Secretary of Veterans Affairs (§ 503). In the 109th Congress, legislation was introduced to place the Secretary of Homeland Security into the line of succession after the Attorney General but that bill expired at the end of the 109th Congress and has not been re-introduced.

http://en.wikipedia.org/wiki/United_States_Secretary_of_Homeland_Security

[nickinSTL]

28. I believe the order is based on when the office was created...

at least for those not originally in the Cabinet.

The Homeland Security Department is the newest, so the Secretary is last on the succession list.

[ddeclue]

13. Because it says so in the 25th Amendment.

[backscatter712]

15. I think that's Senate tradition.

The President Pro Tempore position is given to the senior-most Senator in the dominating political party. That would be Byrd.

[palintology]

17. Only the Vice-President can become President ...

... Any other person in the list can be "Acting-President".

The Presidential Succession Act makes clear that anyone who takes office under its provisions shall only "act as President"—even if they "act" in that role for years. Thus only someone serving as Vice President can ever succeed to the title of "President of the United States."


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 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 forms a constitutional paradox to some. .... In other words, expect a big fight over this ... The Supreme Court will decide again.


http://en.wikipedia.org/wiki/United_States_presidential_line_of_succession

[IndianaJones]

27. I wish the bozo would retire. nt.

[bigwillq]

32. There should be term-limits

and age limits. We bitch about McCain's age but there are many in Congress that need to retire, including many DEMS.

[RollWithIt]

34. Keep in mind Seniority is a big part of the Senate... I would partially agree....

If term limits are to be implemented for the Senate I would say 4 terms, or 24 years. Most Senators are elected in their late 40s early 50s. So 24 years seems like a good limit.

[bigwillq]

36. That would be fine.

I am not for career politicans. It corrupts and changes people.

[RollWithIt]

33. Byrd is the kind of person we should admire......

The transformation in his life, from the mistakes of his youth, to his great work as an advocate of the working poor (regardless of race), Byrd has been one of the most tireless workers for progressive values over the last few decades. I also defy anyone to find a Senator who has brought more in federal aid to their state than Senator Byrd.

Certainly his life has not been perfect. He has admitted major mistakes as a young man.

Certainly he is of an advanced age and we should seriously consider his current responsibilities in the Senate.

But we should not disparage the man. He is largely misunderstood. Take the time to watch just one of his many speeches on Youtube.

I'll link to one.

http://www.youtube.com/watch?v=yxWfawiufK0

Announcing his opposition to the Iraq War in 2003.