Ridge May Move Up in Succession List

NYT.com ^

[Sub-Driver]

Ridge May Move Up in Succession List By THE ASSOCIATED PRESS

Filed at 2:37 p.m. ET

WASHINGTON (AP) -- Homeland Security Secretary Tom Ridge could move up to eighth in the line of presidential succession, leapfrogging 10 other Cabinet members in a congressional effort to better prepare for a catastrophic attack on Washington.

Under legislation approved by the Senate and now pending in the House, Ridge would move from 18th to eighth, behind Attorney General John Ashcroft and in front of Interior Secretary Gale Norton, in the line to succeed the president in a disaster.

The measure sped through the Senate without debate last Friday.

Ridge, asked about the legislation, said Monday, ``One of our responsibilities obviously is continuity of government ... and where the Congress thinks the secretary should fit, that's their judgment. I'm satisfied with it.''

The current system dates back to the Presidential Succession Act of 1947, signed by President Truman, that specifies that the vice president, the speaker of the House, the president pro tempore of the Senate and the secretary of state are next in line to take over the presidency if necessary. Other Cabinet members are listed according to the date their offices were established.

With the formation of the Homeland Security Department early this year, Ridge became 18th in the succession line, behind Veterans Affairs Secretary Anthony Principi.

But both in the Senate, where Sens. Mike DeWine, R-Ohio, and Christopher Dodd, D-Conn., sponsored the legislation, and in the House there's been a push to change the order,

DeWine said that the Homeland Security chief, because of his responsibilities for disaster relief and security, would be best qualified to take over the nation after an attack that took the lives of the top seven successors.

``We need to be prepared for even the worst-case disaster scenario,'' and it makes sense to break with tradition and elevate the head of the largest and one of the most powerful departments, DeWine said.

Rep. Christopher Cox, R-Calif., said in introducing legislation in the House in early June that the Homeland Security chief should be placed higher because his job is ``dealing with mortal threats to the country.''

Cox and Rep. Martin Frost, D-Texas, have proposed a bill that would also make the Homeland Security secretary eighth in line as well as clarify other language in the 1947 law. Rep. Tom Davis, R-Va., has introduced a similar bill.

The current order of succession lists Vice President Dick Cheney, House Speaker Dennis Hastert, Senate President Pro Tempore Ted Stevens, Secretary of State Colin Powell, Secretary of the Treasury John Snow, Secretary of Defense Donald Rumsfeld, Ashcroft and Norton.

Then, Secretary of Agriculture Ann Veneman, Secretary of Commerce Donald Evans, Secretary of Labor Elaine Chao, Secretary of Health and Human Services Tommy Thompson, Secretary of Housing and Urban Development Mel Martinez, Secretary of Transportation Norman Mineta, Secretary of Energy Spencer Abraham, Secretary of Education Rod Paige, Secretary of Veterans Affairs Anthony Principi and Ridge.

The order of presidential succession. Homeland Security Secretary Tom Ridge would move from 18th to eighth (behind the attorney general) under legislation moving through Congress:

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-- Vice President Dick Cheney.

-- House Speaker Dennis Hastert.

-- Senate President Pro Tempore Ted Stevens.

-- Secretary of State Colin Powell.

-- Treasury Secretary John Snow.

-- Defense Secretary Donald Rumsfeld.

-- Attorney General John Ashcroft.

-- Interior Secretary Gale Norton.

-- Agriculture Secretary Ann Veneman.

-- Commerce Secretary Donald Evans.

-- Labor Secretary Elaine Chao.

-- Health and Human Services Secretary Tommy Thompson.

-- Housing and Urban Development Secretary Mel Martinez.

-- Transportation Secretary Norman Mineta.

-- Energy Secretary Spencer Abraham.

-- Education Secretary Rod Paige.

-- Veterans Affairs Secretary Anthony Principi.

-- Ridge.

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On the Net:

Information on the Senate bill, S. 148, and the House bill, H.R. 2319, can be found at http://thomas.loc.gov/

[xrp]

If this change is made, it should not apply to Ridge, but the next Secretary of bloated Homeland Security...just like Congressional pay raises go...

[RonF]

Can this be done legislatively, or is a Constitutional amendment needed?

[RonF]

The process for Congressional pay raises was set up the way it is so that Congress critters couldn't get the benefit from voting themselves a pay raise unless they faced the ire of the voters first. That wouldn't apply to Ridge because (1) this doesn't increase his pay in his present position, and (b) he doesn't vote on this.

[Satadru]

Isn't this the same Secretary Ridge who said our borders cannot be militarized for political and cultural reasons. He should be the last man to become the President, ever. But why should I blame him when the President himself has no qualms in flooding the country with illegal aliens so he may win some more Hispanic votes. What a charlatan!

[AuH2ORepublican]

"Can this be done legislatively, or is a Constitutional amendment needed?"

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No amendment is needed. The Constitution gives Congress the power to establish legislatively the line of succession after the President and VP.

Actually, the Constitution says that Congress shall declare "which Officer shall then act as President." The only reasonable reading of this phrase is that Congress can only name officers of the Executive Branch to be in the line of succession (since otherwise it would create conflicts of interest), but since 1789 they've had the Speaker and President Pro Tem in the line of succession (James Madison pointed out from the get-go that that was unconstitutional, but the leaders in the House and Senate didn't care, and wanted to be next in line).

[Maximum Leader]

What a wonderfully pointless legislative action. It would be more practical to cut the congressional leaders out of the chain and go right from VP to Secretary of State.

Also it would have been nice if the reporter had noted that Labor Secretary Chaio and HUD Secretary Martinez are ineligible for the presidency because they are foreign born (China and Cuba respectively).