Tyler Precedent

On April 4, 1841, President William Henry Harrison died 31 days after his inauguration, the shortest presidential term in American history. Up until this point, the question of what happened when the president died was entirely theoretical. Article II, Section I of the Constitution of the United States, was vague on the matter: Whether the vice president was to become a full-fledged president, or simply act as president while retaining the office of vice president, was completely open to interpretation. When informed of President Harrison's death, John Tyler concluded that the section's wording made him president without any qualifiers. Accordingly, Tyler returned to Washington, D.C. and immediately had himself sworn in as president. Meanwhile, Harrison's Cabinet, led by Secretary of State Daniel Webster, had already convened within an hour of his death and had elected to recognize Tyler as vice president acting as president, not president. Furthermore, they decided that all major presidential decisions would be made by majority vote of the Cabinet, greatly diminishing Tyler's power. They informed Tyler about this arrangement during their first cabinet meeting. He then held a second inauguration before the Cabinet to bolster his claim before immediately moving into the White House, which was still black with mourning drapes for Harrison's death. This was a controversial series of maneuvers that earned Tyler considerable criticism from many Democrats and some Whigs, including the derisive nickname "His Accidency". Even so, Tyler adhered to his position, refusing to open mail that addressed him as anything other than president. Nominally a Whig, Tyler's liberal use of the veto power and his general opposition to Whig policies alienated him over the course of his term, and Tyler was soon formally expelled from the Whig Party. He eventually sought election to a full term under the Tyler Party (named after himself) and dropped out of the race. Despite his controversies, Tyler was successful in legitimizing his position as president, and both houses of Congress voted to recognize him as such. ==Constitutionality and legacy==

The crux of the debate over whether the vice president was intended to become president upon the president's death depends on whether the antecedent of the phrase "the same" in Article II, Section I, of the Constitution is "the said office" or merely its "powers and duties". Another point of contention is the meaning of the word "devolve" in this context. According to historian Irving G. Williams, "it is axiomatic to political scientists that an office passes but that powers and duties devolve". This conclusion was also reached by political scientist Ruth C. Silva, who claimed that "it never [was] intended that the Vice President or designated officer should become President under the succession clause". though little attention was generally paid to the subject of presidential succession. This sentiment was shared by former President John Quincy Adams himself, who adamantly referred to Tyler as "Vice President of the United States, John Tyler of Virginia, acting President of the Union." However, many other prominent political figures accepted Tyler as president, including Henry Clay, though Clay confidently predicted that Tyler's presidency would resemble a regency more than anything else. ==See also==