order of succession loophole?

[jimrtex]

"Secretary of State" is on that list. In fact, it is highest on that list. Your use of an ellipsis may be an attempt to obscure that fundamental point.

• 3 USC § 19(d)(1): If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of Homeland Security.

Look, if you want to have a coherent discussion, that's fine, but if you're gonna accuse me of using an ellipsis to "obscure that fundamental" list when you know very well (or, at least, you would know very well if you'd actually read 3 USC § 19(d)(1), as you've claimed to) that the ellipsis was to skip "and who is not under disability to discharge the powers and duties of the office of President" (a frankly unimportant part of the subsection to note for the purpose of this discussion) is very indecorous of you, to say the least.

Does "Undersecretary of State for Political Affairs" appear in that list? No! Do you disagree?

To continue, I don't disagree that Under Secretary of State for Political Affairs isn't on that list; to disagree w/ that would be equivalent to spreading a falsehood an alternative fact.

Now let's look at 5 USC § 3345 (a)(2) which is the basis for the Undersecretary of State for Political Affairs acting as secretary of state. (See also Executive Order 13251). "to perform the functions and duties of the vacant office temporarily in an acting capacity". Tom Shannon is acting as Secretary of State because there is NO Secretary of State, or Deputy Secretaries of State because the previous officers have resigned. There is NO Secretary of State until Rex Tillerson is confirmed by the Senate, or President Trump makes a recess appointment.

I'm afraid you've misquoted Executive Order 13251 of December 28, 2001 (Providing an Order of Succession Within the Department of State), so here's the actual quote for you:

• "Section 1. Subject to the provisions of section 3 of this order, the officers named in section 2, in the order listed, shall act as, and perform the duties of, the office of Secretary of State (Secretary) during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary."

So, after having further disproved the falsehoods alternative facts of your argument, you now know that Tom Shannon is Acting Secretary of State. He's serving as Secretary of State in an acting capacity. By virtue of Exec. Order 13251 of Dec. 28, 2001, Tom Shannon IS Secretary of State. Let me put it in simpler words: There is indeed a Secretary of State; his name is Tom Shannon. He's serving as Secretary of State in an acting capacity, but he IS Secretary of State.

It is absurd for you to claim that there is no distinction. Your placing "whatsoever" in capital letters is the equivalent of a lawyer banging on the table, when there are no facts or laws to be banged on.

See previous response above.

One who performs the functions of a vacant office temporarily, does not cause the vacancy to be filled. The office remains vacant.

See previous response above.

If the Secretary of State is not eligible to be President, due to age, not being a natural-born citizen, not having been resident in the US for 14 years previous, then the first sentence of 3 USC 19(e) excludes him from acting as president; it does not extent the definition of Secretary of State to include other individuals.

You can refuse to listen all you want but as I've previously stated, 3 USC § 19(d)(1) states that "the officer of the United States who is highest on the following list... shall act as President." There's no distinction made bet. an Acting Secretary or a cabinet Secretary who was appointed & confirmed as such, meaning an Acting Secretary has a valid claim to become Acting President.

The second sentence excludes officers on the list in 3 USC 19(d) who have not been confirmed by the Senate (e.g recess appointments).

Tom Shannon was confirmed by the Senate by voice vote as Under Secretary of State for Political Affairs (the office by virtue of which he is currently serving as Acting Secretary of State) on February 12, 2016.

The first office in the list 3 USC 19(d) is <b>Secretary of State</b>. The fundamental purpose of 3 USC 19(d) is to name the officers who may act as President, and their priority.

Tom Shannon is the Undersecretary of State for Political Affairs. He was confirmed in that position by the US Senate.

Secretary of State John Kerry, and the two Deputy Secretaries of State (Tony Blinken and Heather Higginbottom) submitted their resignations which were accepted by President Trump.

5 USC § 3345 provides that if the [head of department] "dies, resigns, or is otherwise unable to perform the functions and duties of the office", that the President may designate "a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity"

EO 13251 is the implementation of 5 USC § 3345.

Perhaps it depends on what your meaning of "is" is.

You believe that Tom Shannon is the Secretary of State.

I believe that Tom Shannon is the Undersecretary of State for Political Affairs who is performing  the functions and duties of the Secretary of State temporarily in an acting capacity, and that further it is not among the duties of the Secretary of State to act as Acting President under certain circumstances, but rather that the person who is Secretary  of State, if there is such a person, to become Acting President under certain circumstances.

[brucejoel99]

The first office in the list 3 USC 19(d) is <b>Secretary of State</b>. The fundamental purpose of 3 USC 19(d) is to name the officers who may act as President, and their priority.

Tom Shannon is the Undersecretary of State for Political Affairs. He was confirmed in that position by the US Senate.

Secretary of State John Kerry, and the two Deputy Secretaries of State (Tony Blinken and Heather Higginbottom) submitted their resignations which were accepted by President Trump.

5 USC § 3345 provides that if the [head of department] "dies, resigns, or is otherwise unable to perform the functions and duties of the office", that the President may designate "a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity"

EO 13251 is the implementation of 5 USC § 3345.

Perhaps it depends on what your meaning of "is" is.

You believe that Tom Shannon is the Secretary of State.

I believe that Tom Shannon is the Undersecretary of State for Political Affairs who is performing  the functions and duties of the Secretary of State temporarily in an acting capacity, and that further it is not among the duties of the Secretary of State to act as Acting President under certain circumstances, but rather that the person who is Secretary  of State, if there is such a person, to become Acting President under certain circumstances.

I believe(d)* that Tom Shannon was the Secretary of State, in an acting capacity.

I also believe, in contrast to you, that 3 USC 19(d) provides that it is among the duties of the Secretary of State to act as Acting President under certain circumstances; not the person, but the office-holder.

* The point is now moot; Rex was confirmed.