<P> Several constitutional law experts have raised questions as to the constitutionality of the provisions that the Speaker of the House and the President pro tempore of the Senate succeed to the presidency . James Madison, one of the authors of the Constitution, raised similar constitutional questions about the Presidential Succession Act of 1792 in a 1792 letter to Edmund Pendleton . Two of these issues can be summarized: </P> <Ul> <Li> The term "Officer" in the relevant clause of the Constitution is most plausibly interpreted to mean an "Officer of the United States", who must be a member of the Executive or Judicial Branch . The Speaker and the President pro tempore are not officers in this sense . </Li> <Li> Under the principle of separation of powers, the Constitution specifically disallows legislative officials from also serving in the executive branch . For the Speaker or the Senate President pro tempore to become Acting President, they must resign their position, at which point they are no longer in the line of succession . This is seen by some to form a constitutional paradox . However, the current Act specifies that the Speaker becomes President "upon his resignation as Speaker" and as a member of Congress, allowing for a seamless transition . </Li> </Ul> <Li> The term "Officer" in the relevant clause of the Constitution is most plausibly interpreted to mean an "Officer of the United States", who must be a member of the Executive or Judicial Branch . The Speaker and the President pro tempore are not officers in this sense . </Li> <Li> Under the principle of separation of powers, the Constitution specifically disallows legislative officials from also serving in the executive branch . For the Speaker or the Senate President pro tempore to become Acting President, they must resign their position, at which point they are no longer in the line of succession . This is seen by some to form a constitutional paradox . However, the current Act specifies that the Speaker becomes President "upon his resignation as Speaker" and as a member of Congress, allowing for a seamless transition . </Li>

Who becomes vice president after a president dies