IS THE PRESIDENTIAL SUCCESSION LAW CONSTITUTIONAL

In this essay, Akhil and Vikram Amar attack the constitutionality of t he current presidential succession statute, which places the Speaker o f the House and the Senate President pro tempore first and second in l ine, respectively, if there is neither a President nor a Vice Presiden t. Relying on the words of the Framers, the text and logic of the Cons titution, and various practical and ethical concerns, the Amars conclu de that federal legislators are not ''Officers'' under the Succession Clause and thus ineligible for the line ofsuccession. Finally, the Ama rs suggest that an updated succession statute should provide for a pro mpt national election after succession, and should iron out various ot her wrinkles in the current succession statute.