Gavin Howe
The role of the vice president in the US government has evolved over time, with the 25th Amendment, ratified in 1967, being the most significant change in defining the vice president's role in the event of presidential vacancies, inability, or disability. The US Constitution outlines the vice president's responsibilities, including serving as the president of the Senate, breaking tie votes, and assuming the presidency in the event of the president's removal, death, or resignation. The 12th Amendment and the 22nd Amendment restrict former presidents from becoming vice presidents, and the vice president's role has expanded to include advising the president and representing them domestically and internationally. The vice president is also subject to impeachment and removal from office for treason, bribery, or other high crimes and misdemeanors.
| Characteristics | Values |
|---|---|
| Vice President's role in Congress | President of the Senate, Presiding Officer, Breaking tie votes |
| Vice President's eligibility | Natural-born Citizen, Citizen of the United States, 35 years or older, 14 years as a Resident within the United States |
| Vice President's term | Four years |
| Vice President's powers | Acting President in case of the President's removal, death, or resignation; Co-signing bills sent to the President; Advise the President; Represent the President; Advocate and Ambassador for the President; Presidential campaign surrogate |
| Vice President's election | Indirectly elected at the same time as the President through the Electoral College |
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What You'll Learn
The vice president's role in Congress
Article II, Section 1 of the Constitution, ratified on June 21, 1788, outlined the vice president's role in the case of the president's removal from office, death, resignation, or inability to discharge the powers and duties of the office. In such cases, the vice president would assume the presidency. The 25th Amendment, ratified in 1967, further clarified this process, allowing the vice president to become acting president if the president is unable to discharge their duties temporarily.
The vice president's role began to grow in importance during the 1930s, with the creation of the Office of the Vice President in the executive branch in 1939. Today, the vice president is considered an officer in both the executive and legislative branches, serving as a principal advisor to the president and taking on additional responsibilities assigned by the president or Congress.
In addition to their role in the Senate, the vice president has other constitutional duties, such as receiving and counting electoral ballots cast in presidential elections and signing bills sent to the president for signature. The vice president also has the power to convene both Houses of Congress and adjourn them in the case of a disagreement.
While the vice president's role in Congress has evolved and expanded over time, it continues to be a subject of discussion and interpretation, with scholars debating the branch of government to which the office belongs.
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The vice president's eligibility
The role of the vice president in the US federal government was a topic of debate during the Constitutional Convention of 1787 in Philadelphia. The Founders saw a need for a vice president for several reasons, and the Committee of Eleven decided that electors would cast two votes, with the top vote-getter becoming president. This meant that the second-place finisher would assume the office of vice president.
The eligibility requirements for the vice president are outlined in the US Constitution. Article II, Section 4 of the Constitution states that the vice president must be a "natural-born citizen" and at least 35 years old. Additionally, they must have been a resident of the United States for at least 14 years. These eligibility requirements are the same as those for the president, as stated in Article II, Section 1, Clause 5 of the Constitution.
The Twelfth Amendment to the Constitution also addresses eligibility, stating that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States." This means that a person who is prohibited from becoming president due to the presidential term limits or other disqualifications is also ineligible to serve as vice president.
The vice president is indirectly elected by the people of the United States through the Electoral College, but the electoral votes are cast separately for the offices of president and vice president. The vice president is chosen for a four-year term, which is the same as the president's term, and there is no limit on the number of terms they can serve.
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The vice president's succession to the presidency
The role of the vice president in the US federal government was a topic of debate during the Constitutional Convention of 1787 in Philadelphia. The Founders saw a need for a vice president for several reasons. The vice president is designated as first in the presidential line of succession by the Article II succession clause, which also authorizes Congress to provide for a line of succession beyond the vice president.
The US Constitution and the Presidential Succession Act of 1947 outline the presidential order of succession. The Presidential Succession Act was last revised in 2006. The 25th Amendment, adopted in 1967, establishes procedures for filling an intra-term vacancy in the office of the vice president. The Amendment's first two sections formalized the Tyler Precedent. The amendment stated that the vice president becomes president "in case of the removal of the President from office or of his death or resignation."
The 20th Amendment, Section 3, supersedes the 12th Amendment provision, declaring that if the president-elect dies before his term begins, the vice president-elect becomes president on Inauguration Day and serves for the full term. It also authorizes Congress to provide for instances in which neither a president-elect nor a vice president-elect have qualified. The 25th Amendment, Section 1, clarifies Article II, Section 1, stating unequivocally that the vice president is the direct successor of the president and becomes president if the incumbent dies, resigns, or is removed from office.
In the complex scenario where a president is considered unable to perform their job but does not want to step down, Section 4 of the 25th Amendment authorizes the vice president and a majority of the president's cabinet or Congress to decide if the president is unable to perform their duties. If the group's majority opinion is "yes," the president's powers are automatically transferred to the vice president. The president can announce that they are able to resume their leadership role, and the voting group has four full days to disagree. If the voting group disagrees with the president's assertion, they conduct a quick vote in Congress to decide if the president is unable to serve.
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The vice president's role in the Senate
The role began to evolve in the 1930s, with the creation of the Office of the Vice President in the executive branch in 1939, and by the 1950s, the vice president's primary role had shifted to serving as the principal advisor to the president. Today, the vice president's role in the Senate is less frequent, and they may preside over the Senate infrequently. However, they still retain the power to break tie votes and preside over the receiving and counting of electoral ballots in presidential elections.
The vice president is also a statutory member of the United States Cabinet and the National Security Council, playing a significant role in executive government and national security matters. They are often deployed by the president as advocates, ambassadors, and surrogates, both domestically and globally. Additionally, the vice president can step in when the president is unable to perform their duties or when the office becomes vacant during a term, as outlined in Article II, Section 1 of the Constitution.
The role of the vice president has been the subject of much debate, with several proposals throughout history to abolish the office, and it continues to evolve as vice presidents and senators experiment with and shape the role's influence and responsibilities.
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The vice president's role in the Electoral College
The Electoral College is a method of indirect popular election of the President of the United States. Instead of voting for a specific candidate, voters in an indirect popular election select a panel of individuals pledged to vote for a specific candidate. This is in contrast to a popular election, where votes are cast directly for an individual candidate. The vice president is elected at the same time as the president, but the electoral votes are cast separately for these two offices. The vice president is chosen by the presidential candidate as their running mate in the lead-up to the election.
The Twelfth Amendment, ratified following the 1800 election, requires separate contests for the offices of president and vice president. This was in response to the 1800 election, which resulted in a tie between Thomas Jefferson and Aaron Burr, with the House of Representatives choosing Jefferson. The Twelfth Amendment also mandates that a distinct vote be taken for the president and the vice president, and that one of the selected candidates must not be from the same state as the elector.
If no candidate receives the majority of electoral votes, the vote goes to the House of Representatives. If there is a tie or if no candidate gets a majority, the Senate chooses the vice president. The Twelfth Amendment requires the Senate to choose between the two top electoral vote recipients, with at least two-thirds of the Senate's members voting.
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Frequently asked questions
The vice president is the second-highest ranking office in the executive branch of the US federal government and ranks first in the presidential line of succession. The vice president is also an officer in the legislative branch, as the president of the Senate. In this capacity, the vice president is empowered to preside over the US Senate, but may not vote except to cast a tie-breaking vote.
In the case of the removal of the President from office, or their death or resignation, the Vice President shall become President.
The vice president does not need to have any political experience, but most major-party vice presidential nominees are current or former US senators or representatives. The vice presidential nominee has always been an official resident of a different state than the presidential nominee.
The vice president is elected at the same time as the president to a four-year term of office by the people of the United States through the Electoral College.
