Legal Question in Constitutional Law in Alabama

Constitutional Law

Thought I'd ask and hope someone answers. Article One states a member of the House must be 25, etc. Constitution doesn't mandate, but every Speaker has been a Member of the House. Article II says a President must be 35 years old, etc. Under 3 USC and the 1947 Presidential Succession Act, if offices of President and VP are vacant, Speaker becomes President. Okay, so what if both offices are vacant and the Speaker is *not* 35 years-old? Does the Supreme Court decide, or is the next person on the list who is 35 the one who becomes President?


Asked on 5/19/07, 1:33 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Constitutional Law

Anyone in the line of succession who does not meet the constitutional requirements for the presidency will be passed over. The only one who must meet the same requirements as the president is the vice president. This rule, which is found in the Twelfth Amendment, makes sense, since the V.P. will almost always be the one who ends up filling the vacancy.

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Answered on 5/19/07, 8:25 pm


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