The Civics Project: Replacing a vice president was not addressed in the original US Constitution – Palm Beach Post

Kevin Wagner| Palm Beach Post

Question:Who replaces the Vice President if he or she dies?

Answer:This was oneissue that the drafters of the Constitution missed because there was no procedure for replacing a sitting Vice President. As a result, for much of our nations history, the death, removalor promotion of the Vice President to the Presidency resulted in a vacancy in the office of the Vice President until the next election.

Indeed, the office of Vice President has been vacant for extended periods over the course of U.S. history. When Harry S Truman ascended to the Presidency after the death of Franklin D. Roosevelt in 1945, the office of Vice President remained vacant for over three years until the election of 1948.

When added together, the U.S. has been without a Vice President for roughly 37 years. Americans may not have noticed, because until more recent years, the job itself has not been very memorable. As the first Vice President, John Adams, put it: "My country has in its wisdom contrived for me the most insignificant office that ever the invention of man contrived or his imagination conceived."

The problem was largely solved by the adoption of the 25th Amendment in 1967, which allows the President to nominate a replacement Vice President, but requires the choice to be confirmed by a majority vote in both chambersof Congress.

We saw the first application of this amendment in 1973, when Richard M. Nixon nominated Gerald R. Ford, who was confirmed by Congress to the Vice Presidency after the resignation of then-Vice President Spiro T. Agnew. Ford then ascended to the Presidency in 1974, after the resignation of President Nixon. This allowed President Ford to use the new amendment to select Nelson Rockefeller as Vice President. Interestingly, this resulted in an administration where neither the President nor the Vice President were actually elected to either office.

Question:Can the Senate block President Joe Bidens Cabinet choices?

Answer:Presidents get to fill thousands of jobs when they assume office, but the most focus is on the nominations of Cabinet Secretaries, like the Defense Secretary or the Attorney General. These are influential jobs, as these individuals make policy decisions and run government departments with substantial powers.

Each of the Presidents Cabinet nominations must be approved by the Senate. So, in theory, yes, the Senate could block or reject any nominee. However, Presidents are often given some deference in building their administration, so a partisan no vote is not automatic.

Further, a change to a Senate rule in 2013 prevents confirmation votes for Cabinet Secretaries from being blocked by the filibuster. Previously, a controversial nominee would require 60 votes to overcome a filibuster. However, that rule was changed about seven years ago so that votes on executive branch nominations and federal judicial appointments cannot be filibustered.

The new rule has worked well for Republicans in confirming an almost unprecedented number of judges over the last four years, often on close votes, but it will also make it easier for Biden to confirm his Cabinet.

Kevin Wagner is a noted constitutional scholar, and political science professor at Florida Atlantic University. The answers provided do not necessarily represent the views of the university.

The professor wants to hear from you. Keep in mind that no question is too basic; but it can be too partisan. So if you have a question about how American government and politics works, send us an email at rchristie@pbpost.com.

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The Civics Project: Replacing a vice president was not addressed in the original US Constitution - Palm Beach Post