Re Order Graber's Hypothetical

Key to understanding Mark's hypo, I think, is the supposition that the successor to the murderous VP, if displaced, would necessarily last the Speaker of the House from the opposition party.  That's surely truthful if 1 accepts the constitutionality of the Succession inwards Office Act.  But Akhil together with Vikram Amar possess got cogently argued that the Act is inwards fact unconstitutional inasmuch every bit the Constitution requires that the Congress designate an "officer" of the U.S.A. to succeed to a vacant presidency, together with members of Congress are but non such "officers."  Ditto, of course, amongst the President pro Tem of the Senate, who's side past times side inwards line.  So, given the unconstitutionality of the introduce Act, the successor to the murderer would last from his/her ain party, i.e., the Secretary of State (assuming natural-born citizenship).  There is approximately other solution to Mark's conundrum, which is to repeal the electrical flow Succession inwards Office Act, which is terrible policy fifty-fifty if 1 disagrees amongst the Amars together with believes that it is unconstitutional.  (As nosotros know, a lot of terrible things tin last perfectly constitutional.)  Besides the possibility of a transfer of political party leadership without an election, at that spot is, at to the lowest degree every bit importantly, no ground whatever to believe the the Speaker (and, fifty-fifty more, the geriatric President pro Tem) possess got the science laid upward required of a President fifty-fifty inwards the best of times, allow solitary the national trauma described past times Mark's hypo (or fifty-fifty to a greater extent than moderate hypos).  And making the Speaker President besides assures that the province would last faced amongst a potential combat over succession to that component subdivision at a fourth dimension of national trauma.  One mightiness imagine that 1 could drib dead bipartisan understanding that the electrical flow Act, passed only inwards 1947, is a bad reckon together with should last replaced amongst 1 of its predecessor acts that placed succession inwards the Cabinet.  Or, every bit I increasingly believe to last desirable, nosotros mightiness drib dead rid of the presidency exclusively together with instead adopt a parliamentary organization (at my constitutional convention).  But it is a sign of the craziness of our introduce organization that Mark's hypothetical gains approximately purchase, because 1 tin altogether easily imagine the variety of partisanship that would prefer keeping a murderer inwards component subdivision rather than give the reins of ability to the other party.