If Trump and Pence both get very sick, it’s not clear who would be president

It remains unlikely, but hardly unthinkable, that President Trump and Vice President Pence could simultaneously come down with serious cases of covid-19 — especially after two prominent White House aides recently tested positive for the coronavirus. We have already seen one head of government, British Prime Minister Boris Johnson, incapacitated by covid-19 and sent to an intensive care unit.

Both men are in high-risk groups: Trump is 73 and overweight; Pence is 60. (Johnson, in contrast, is a comparatively youthful 55.) If they were “ordinary” people, the protocol would be for the two men to place themselves in self-quarantine for two weeks, yet they have not done so.

When Johnson was hospitalized, he deputized his foreign minister to act as prime minister in his absence. Should only the president become ill, then the vice president can take over, following the protocol laid out in the 25th Amendment. But if the vice president becomes incapacitated as well, then we could face a constitutional crisis. It would be triggered by the inadequacies of the Presidential Succession Act passed in 1947 (when there was no vice president, because Harry Truman had succeeded Franklin D. Roosevelt).

Article II of the Constitution grants Congress the right to “provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President” — and the 1947 act is the current result. Under its rules, the speaker of the House and the president pro tempore of the Senate would be next in the line of succession, followed by the members of the Cabinet, beginning with the secretary of state.