You’re sitting there watching the news, and something huge happens. The President is out. Maybe they resigned, or maybe something much worse occurred. Suddenly, the Vice President is being sworn in at a frantic pace. It’s high drama, the kind of thing that keeps political junkies up at night. But then a weird silence hits the room once the dust settles. You look at the podium and realize there’s a massive, gaping hole in the executive branch.
Wait. Who becomes VP if the VP becomes president? Most people think there’s a line of succession that just slides everyone up like a conveyor belt. They assume the Speaker of the House just puts on a new hat and moves into the Naval Observatory. Honestly, that’s just not how it works. It’s actually way more complicated—and a lot more political—than a simple game of musical chairs.
For a huge chunk of American history, the answer was actually "nobody." If the VP moved up, the Vice Presidency just stayed empty. For years. We’re talking about a heartbeat away from the presidency being a total vacuum. It wasn't until 1967 that we finally got our act together and ratified the 25th Amendment to fix this glaring flaw in the Constitution.
The Old Way: A Ghost Office
Before we dive into how it works now, you have to understand how sketchy things used to be. Under the original rules in Article II, the Constitution was pretty vague. It said the duties of the President would "devolve on the Vice President," but it didn't say anything about filling the VP's old spot.
Think about that.
When John Tyler took over for William Henry Harrison in 1841, he didn't appoint a new VP. He just didn't have one for nearly four years. The same thing happened with Andrew Johnson after Lincoln was assassinated. This happened over and over again. In total, the office of the Vice President has been vacant for a combined total of nearly 38 years across American history. That is a terrifying amount of time to have no backup plan.
If the new President had died during those vacancies? The law at the time would have sent the presidency to the President pro tempore of the Senate or the Speaker of the House, but they would have been "Acting President" only until a new election could be held. It was a mess.
Enter the 25th Amendment
Everything changed because of the Cold War and the assassination of John F. Kennedy. When LBJ took the oath on Air Force One, the world was a different place. We had nukes. We had instant communication. We couldn't afford a vacancy.
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Section 2 of the 25th Amendment is the "holy grail" for this specific question. It’s short, punchy, and changes everything. It says: "Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress."
So, let’s be clear. Who becomes VP if the VP becomes president? The answer is: Whoever the new President picks, as long as Congress says yes.
It is not automatic. The Speaker of the House, currently Mike Johnson, does not just "get" the job. He stays right where he is in the Capitol unless the new President decides to nominate him and the House and Senate both agree.
The Gerald Ford Example
The best way to see this in action is to look at the 1970s. It was the only time we really put this to the test in a weird, double-whammy scenario.
First, Nixon’s original VP, Spiro Agnew, resigned because of a bribery scandal. Nixon used the 25th Amendment to nominate Gerald Ford, who was the House Minority Leader at the time. Congress held hearings, voted, and Ford became VP.
Then, Nixon resigned because of Watergate.
Ford became President. Now, for the second time in just a few months, the VP spot was empty again. Ford then had to pick his own successor, choosing Nelson Rockefeller. For the first time in history, we had both a President and a Vice President who hadn't been elected by the people to those specific roles. It was wild. It was legal. And it proved the system actually worked.
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The Confirmation Gauntlet
You might think the President can just pick their best friend or a loyal staffer. Technically, they can. But the "majority vote of both Houses" part is a massive hurdle.
Imagine a scenario where we have a divided government. If a Democratic President moves up and tries to appoint a very progressive VP, but the House is controlled by Republicans, that nominee is probably going to get roasted in committee.
It’s a high-stakes poker game. The President needs someone who:
- Can actually do the job if the President dies.
- Is politically palatable enough to get 50% + 1 in the House and the Senate.
- Doesn't overshadow the new President.
In the modern era, this process would be televised 24/7. It would be more intense than a Supreme Court confirmation because you're literally picking the person who is one step away from the nuclear codes.
What About the Speaker of the House?
People get confused because of the Presidential Succession Act of 1947. This law lists the order of who takes over if both the President and Vice President die or are incapacitated at the same time. 1. Speaker of the House
2. President pro tempore of the Senate
3. Secretary of State
4. Secretary of the Treasury
But that list only triggers in a catastrophe where the top two spots are wiped out simultaneously. If the President dies today, the VP becomes President immediately. The Speaker stays at #2 on the "if everyone dies" list, but they don't move into the VP's office. They are just the next person in line for the Presidency until a new VP is confirmed.
Once that new VP is sworn in, the Speaker drops back down to #3 in the line of succession.
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Could the President just leave the seat empty?
Technically, the 25th Amendment says the President "shall" nominate a VP. In legal-speak, "shall" usually means you have to do it. However, it doesn't give a specific deadline.
Could a President stall? Maybe. But the political pressure would be insane. Having no VP means the entire line of succession shifts to the legislative branch. If you're a President from one party and the Speaker of the House is from the opposition party, you’re basically leaving your "enemy" as your immediate successor. Nobody wants that. It's the ultimate insurance policy.
Real-World Nuance: The "Acting" Problem
There's a weird quirk here. If the President is just temporarily under anesthesia for a colonoscopy (which happened with George W. Bush and Joe Biden), the VP becomes "Acting President."
In this case, the VP doesn't vacate their office. They are still the VP; they just have the "powers and duties" of the President for a few hours. No new VP is needed because the original one hasn't technically left their post to become the actual President.
It’s only when the "transfer of power" is permanent—death, resignation, or removal via impeachment—that the VP officially becomes The President and the vacancy is created.
Actionable Steps for Staying Informed
Understanding the mechanics of the executive branch helps you cut through the noise of sensationalist news cycles. If you ever see a headline about a vacancy in the White House, here is how to track what actually happens next:
- Watch the Letter: The process officially starts when the new President sends a formal nomination letter to the Speaker of the House and the President of the Senate.
- Check the Committee Charters: The House Judiciary and Senate Rules committees usually handle the initial vetting. Look for their hearing schedules.
- Monitor the Vote Count: Unlike most Senate business, this doesn't require a 60-vote filibuster-proof majority. It is a simple majority in both chambers. If the President's party controls both, it's usually a breeze. If not, expect a compromise pick.
- Verify the Oath: The new VP isn't "official" until the oath is administered. Until that moment, the Speaker of the House remains the immediate successor to the new President.
The system is designed to be stable, but it relies heavily on the willingness of Congress to cooperate. Without a confirmed VP, the country remains in a vulnerable position where a single tragedy could shift power from one political party to another without a single vote being cast by the public. Knowing who becomes VP if the VP becomes president isn't just trivia—it's understanding the fail-safes of American democracy.