If President Biden steps down as commander in chief, constitutional succession procedures will be put into place.
Biden’s abrupt withdrawal from the 2024 presidential race has fueled speculation about whether he will be able to serve out the remainder of his current term. If the president decides to step down before the end of his term, several steps will be taken to form a new Cabinet.
According to Article II, Section 1 of the United States Constitution, if the president dies, resigns, is removed from office, or is otherwise unable to perform his duties, the vice president becomes president. Therefore, if Biden were to leave office today, Vice President Kamala Harris would be sworn in as the 47th president and serve out the remainder of the term.
If the Vice President becomes President, the office of Vice President becomes vacant.
Has the battlefield changed with Harris at the top?
President Biden and Vice President Kamala Harris on the Truman Balcony at the White House on July 4, 2024 in Washington, DC. (Tierney L. Cross)
House Speaker Mike Johnson is third in line to the presidency, but he would not assume that position if Harris were to become president. The only time a sitting Speaker can become president is if the president and vice president both die or resign at the same time.
Once the vice president becomes president, the new president is responsible for appointing a new vice president, as provided for in the 25th Amendment, Section 2. If this scenario were to play out today, Harris would become president and nominate the vice president.
Biden announces decision to withdraw from 2024 presidential race, intends to complete term in White House
But the nomination must first be approved by a majority in both houses of Congress, which is divided with Republicans holding a majority in the House of Representatives and Democrats leading the Senate.
House of Representatives members will vote to select the speaker in October 2023. (Chip Somodevilla/Getty Images)
Both the House and the Senate will vote on the vice president’s confirmation.
The House of Representatives suspended all legislative business for nearly two weeks to vote to select a new Speaker of the House in 2023 after Rep. Matt Gaetz (R-Fla.) introduced a motion to impeach House Speaker Kevin McCarthy (R-Calif.).
Republican lawmakers have also proposed alternative scenarios that would remove the current commander in chief.
President Biden addressed the nation on July 24, 2024, from the Oval Office of the White House in Washington, announcing his decision to end his Democratic bid for reelection. (Evan Vucci, Poole)
If the Vice President and Cabinet decide that the sitting President is unable to perform his duties, they can invoke the 25th Amendment to the Constitution to remove him from office.
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In this case, the vice president would become acting president, but the president could still claim to be able to act, and a two-thirds vote by Congress would be required to remove the president from office.
