Does the Presidential Line of Succession Skip Those Who Aren't Born in America?

The United States Constitution sets a clear line of succession for the presidency, but it also includes a crucial stipulation: individuals must be citizens of the United States. This means that even if someone reaches a high position within the government, they can be disqualified from the presidential line of succession based on their birthplace. This article delves into the intricacies of the presidential line of succession and the role of citizenship in this process.

Understanding the Presidential Line of Succession

The United States Constitution, specifically Article II, Section 1, provides information on the presidential line of succession. The line progresses through various officials, starting with the Vice President, followed by the Speaker of the House, the President pro tempore of the Senate, and so on. Each position has specific conditions that determine eligibility, but one of the most notable conditions is citizenship.

Citizenship Requirement: The Law in Detail

According to 3 U.S. Code § 19, any person who serves as president or vice president must be a natural-born citizen of the United States. A natural-born citizen is defined as someone who is a citizen from the time of their birth and never owed allegiance to another country. This requirement ensures that the President and Vice President have a deep and genuine connection to the United States.

Examples of the Citizenship Requirement in Practice

The death, resignation, or incapacity of a sitting President can trigger a swift succession, particularly if the Vice President declines the office. Two recent examples shed light on how this requirement affects the presidential line of succession.

Jennifer Granholm and the Secretary of Energy

Jennifer Granholm, the current Secretary of Energy, holds the 15th post in the line of succession. However, her eligibility is questionable due to her birth in Canada to Canadian parents. The U.S. Constitution requires that she must be a natural-born citizen, but she does not meet this criterion. Therefore, she is ineligible for the presidential succession.

Alejandro Mayorkas and the Secretary of Homeland Security

Alejandro Mayorkas, the current Secretary of Homeland Security, faces a similar situation. He was born in Cuba to Cuban parents and, while holding a U.S. passport, he also does not meet the natural-born citizen requirement. Consequently, he is ineligible for the presidential succession as well.

As a result, these two positions in the line of succession are essentially empty. This leaves a total of 16 active positions in the line of succession, not counting these two. The implications are significant, especially in a time of political uncertainty.

Implications of the Citizenship Requirement

The requirement for natural-born citizenship in the presidential line of succession underscores the importance of birthright in American politics. It ensures that those in the line of succession have a genuine and continuous connection to the United States. Such a requirement helps maintain public trust in the integrity of the political system and the continuity of leadership.

However, it also highlights the potential for unexpected gaps in leadership, particularly during times of international crises. The permanent and potentially unpredictable nature of these gaps can lead to scrutiny and debate, especially among the public and political circles.

Conclusion

While the United States Constitution establishes a clear and logical line of succession, the requirement for natural-born citizenship introduces a critical element of exclusivity. Jennifer Granholm and Alejandro Mayorkas, despite their significant roles in the government, are ineligible for the presidential succession due to their birthplace and parentage. This situation raises important questions about the balance between political expediency and the principles of birthright and national identity.

The U.S. presidential line of succession is more complex than it may appear at first glance. It requires a deep understanding of the interplay between political positions and constitutional requirements. As the nation contemplates its future, the role of citizenship in determining the presidential line of succession remains a crucial aspect to consider.