President Pro Tempore

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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3 Responses

  1. Stefan Privin says:

    As originally passed in the Senate, the 25th Amendment referred to the “President of the Senate” receiving a declaration. The House changed that to “President pro tempore of the Senate”. Perhaps the House simply decided to designate the Senate officer mentioned in the Constitution, just as the Senate had done in designating the Speaker.

  2. Howard Wasserman says:

    Agreed. I think that’s the same reason the P/P/T is in the statutory line and not the Majority Leader–they wanted to use the constitutionally required officer, not the office created by the unilateral act of one house.

  3. mls says:

    The Majority Leader is not elected by the Senate, just by the members of his political party. He has a lot of de facto power, but very little in the way of legal status or authority. Putting him in the presidential line of succession would be a little like putting the chairpersons of the RNC and DNC in there.