In light of President Trump’s recent COVID-19-related health scare, the response to a president being unable to serve has been the subject of much cogitation, which resulted in a detailed Constitutional Amendment (XXV) in 1967. It addresses most of the problems that could arise, especially if an arguably unfit President attempts to retain power.

But suppose COVID-19 or some other disaster lays low both the President and the Vice President. The Constitution does have something to say on the subject, but not very much, and what it does say is unclear. Article II, § 1, Clause 6 states that Congress shall in that event declare “what Officer shall then act as President . . . until the disability is removed or a President shall be elected.”

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