Like the title says, what if there was a double vacancy in the offices of the President and Vice President of the United States in 1790? One way to accomplish this scenario is for Benjamin Franklin to be elected President instead of George Washington (perhaps he dies shortly after the Constitutional Convention of 1787 to avoid butterflies to the US Constitution or just decides to refuse the presidency and never enters politics) but with Washington's right-hand-man in the American Revolutionary War, attorney Robert H. Harrison as his Vice President. Harrison was originally nominated by Washington and confirmed by Congress to a seat on the newly established Supreme Court in September 1789 IOTL but refused due to poor health. Had he been selected as Ben Franklin's Veep in 1788, before his health started failing, he would have died in office on April 2, 1790. Franklin himself died on April 17, 1790 from pleuritic attack. Such a scenario would lead to both the offices of President and Vice President becoming vacant before even the Presidential Succession Act of 1792 was even conceived! The 1792 PSA IOTL was proposed in order to avoid a so-called "nightmare scenario" in which Secretary of State Thomas Jefferson, the leader of the Anti-Federalist movement at the time, could make a valid claim to the presidency. So would Jefferson claim the presidency with no laws in place to legitimize his claim? Would anyone argue for the presidency against Jefferson? Would Alexander Hamilton just sit idly by and watch Jefferson undo all of his hard work until the next election (he was too young to take office in 1790 I believe)? How would this effect the 1792 PSA, if it's passed earlier that is? Would the Secretary of State and the rest of the cabinet still be omitted from the Succession Act until 1886? Would Jefferson be called an Acting President by Americans at the time and future historians (considering this is literally taking place a year after the US was officially established and Tyler faced backlash to his claim in 1841 and he was literally the VP at the time)? And finally, how would this effect the presidential election of 1792 (there was no mechanism at the time to hold a special presidential election in 1790 unless an act of legislation was passed by Congress and signed off on by the President, or Acting President)? Or would the presidency just remain vacant until a law is passed by Congress (keep in mind that Congress wasn't in session in April 1790 so a special emergency joint session must be called in order for Congress to do anything)?
 
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I think in such a scenario the 4 cabinet members would take themselves to act as an executive committee until a new election could be organized. The powers of the President were quite limited as compared to the present and the cabinet members could continue to manage their own departments during the interim.
 
I think in such a scenario the 4 cabinet members would take themselves to act as an executive committee until a new election could be organized. The powers of the President were quite limited as compared to the present and the cabinet members could continue to manage their own departments during the interim.
Cool idea!
 

marktaha

Banned
Wasn't the President pro tempore of the Senate next in line? I've tried to visualise the US with no VP and the consequent successors to the Presidents who died in office.
 
Wasn't the President pro tempore of the Senate next in line? I've tried to visualise the US with no VP and the consequent successors to the Presidents who died in office.
That's the thing - the scenario above would happen even before the legislation that established that was proposed.
 
Wasn't the President pro tempore of the Senate next in line? I've tried to visualise the US with no VP and the consequent successors to the Presidents who died in office.
Thing is that wasn't established until the Presidential Succession Act of 1792, which put the President pro tempore of the Senate next in line after the vice president and the Speaker of the House of Representatives after him. It was passed out of fear that Thomas Jefferson, as Secretary of State and leader of the anti-Federalists, becoming President or claiming the presidency
 

Grey Wolf

Donor
I imagine if the fear was that the Secretary of State would take the presidency... then the Secretary of State will take the presidency

Compare the situation to European regimes, and this guy is the Foreign Minister, usually one of, or even THE, highest ministers in an administration.

So, I would certainly say Jefferson is going to claim it - the opposition I imagine would largely act to undermine it, rather than oppose it, i.e. they would be like today's MAGA's and try to take power to Congress or the states and leave the president as powerless as possible
 
Why? This is not 1796 or 1800 when the power of factions had taken hold. Faced with this situation I have no doubt Jefferson, Hamilton and Knox (I forget who was Sec Navy) would work together to hold the nascent Republic together.
 
Why? This is not 1796 or 1800 when the power of factions had taken hold. Faced with this situation I have no doubt Jefferson, Hamilton and Knox (I forget who was Sec Navy) would work together to hold the nascent Republic together.
Well the Anti-Federalists/Anti-administration factions were already growing and would eventually form the Democratic-Republican Party in 1792. Hamilton wasn't eligible for office in 1790 so who knows what would happen?🤷‍♂️
 
I think in such a scenario the 4 cabinet members would take themselves to act as an executive committee until a new election could be organized.
And legislation could still be passed (including legislation to call a new election or otherwise fill the vacancy) since bills passed by Congress automatically go into effect after 11-12 days (specifically, 10 days excluding Sundays) unless the President signs it earlier, it's vetoed, or Congress adjourns. And Congress was a part-time legislature until the 20th century, so the Cabinet should be able to take care of ordinary business without legislation for some time anyway.

The main things the Cabinet secretaries couldn't do would be to call emergency sessions of Congress (although members of Congress could probably get away with convening on their own initiative in the event of a double vacancy, provided there was general agreement that this was necessary and there was no mischief of trying to assemble a rump session that just barely meets quorum and is dominated by one faction) or to nominate Presidential appointees (especially judges, ambassadors, and cabinet secretaries, who are explicitly Presidential appointees for whom there is no provision for delegation to department heads).
 
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