Designated Survivor : Clearly Unthought Out

This show shows just how unthought out a designated survivor would be. It's not just about who the designated survivor is, but how one person is expected to replace the entire U.S. Government in the event that it is completely wiped out. I assume this show is as real as it gets anyway. President Kirkman has only been able to appoint non-cabinet positions like his Chief of Staff, Press Secretary and Senior Advisor. But, all other positions require senate approval, which also no longer exists and must be replaced. Does the constitution explain further which has not yet been explained in the show?

I suggest you read up on the US Constitution! It allows for the President to make appointments to fill vacancies while Congress is in Recess. Since there is no Congress thanks to the attack, they are effectively in a recess state. As such, Kirkman has the ability to appoint his Cabinet as well as 9 Supreme Court Justices. The caveat is that those appointments will only be temporary. They will hold their positions until the end of the next legislative session.

You can find this information under Article II, Section 2, Clause 3.

It seems to me the real problem with the "government vacuum" we see is that the writers are ignoring two key Constitutional provisions, which would solve most of the problem.

Article 1, section 2, fourth paragraph: If there is a vacant seat in the House of Representatives, the governor of that state can issue a writ of election to fill it.

17th Amendment, second paragraph: If there is a vacant seat in the Senate, the governor of that state can issue a writ of election to fill it.

The day after the bombing, the first order of business for every governor would be to make up a list of appointments. They'd wait until there was no more hope for survivors, but in the show's timeline, it's already been a week. All 100 senators and 433 representative (there were two survivors there) should already be packing for Washington.

Kirkman then appoints 9 candidates for the Supreme Court, along with an entire cabinet, and the Senate goes to work confirming them. Back in business.

Yes, it would take some time, certainly a few weeks. But by now, at least some of the new Congress should be assembling. Yet they're not even trying, other than a few squabbles about a couple of cabinet appointments.

Now, being from Michigan, this raises an interesting question for me: Who appoints our senators and 14 representatives? If our governor is under arrest for treason, it's hard to believe he gets the honor, but until he's removed from office, nobody else would either.

Kirkman did mention on last night's episode that the governors were currently in the process of filling the vacancies. They obviously don't want to spend the episode showing all that, so they just had him briefly say it.

OK, good. I have not gotten to that episode yet. Probably this evening. Thanks!

It takes time to appoint people. As for the VP slot, you just don't want anyone in there. Keep in mind, there is no provision on WHEN he has to appoint a Vice President. He does have to appoint one but look at the history of appointing a VP throughout American History. It took about a month for Ford to be nominated as VP.

The big problem is that while there are things in place to allow the government to rebuild from governors naming senators and the President naming key positions while the rest of the government is missing (keeping in mind that ONE person cannot act for the House of Representatives. If there are less than 288 - I think it is - the house cannot DO anything)

The problem is that what is left is an almost entirely un-elected government so there would need to be allowances for elections as soon as realistically possible.

There are 435 members of the US House. Half of the US House is 218. Right nowthere are only two Members of the House.

You are correct. I mis-remembered it.

While it might be a courtesy for the President to inform them of what is going on, they are NOT Congress. That institution effectively doesn't exist in any meaningful way. They don't have the power to block him or even come out of recess to remove the power the President has to carry on with government operations in their absence.

Our taxes would be a lot less if the entire U.S. Government were around 1000 people.

The US government is much, much larger than that.

The President doesn't need a cabinet. There is no such requirement.

Nevertheless, all he has to do is call all the Deputy-Secretaries, tell them they are now acting-Secretaries, and he has a cabinet. It would take all of ten minutes.

____________________________
Death is the road to awe.