WEBVTT 00:00:00.000 --> 00:00:03.160 Welcome to today's deep dive. Today we're looking 00:00:03.160 --> 00:00:05.780 at one of the most misunderstood. Absolutely. 00:00:06.000 --> 00:00:08.820 Yet quietly powerful positions in American politics. 00:00:09.080 --> 00:00:11.939 The president pro tempore of the United States 00:00:11.939 --> 00:00:14.789 Senate. Right. It's a fascinating role. It really 00:00:14.789 --> 00:00:16.910 is. I mean, when you hear that title, you might 00:00:16.910 --> 00:00:19.129 just picture an older politician lightly banging 00:00:19.129 --> 00:00:22.570 a gavel in a in a mostly empty room. Which, to 00:00:22.570 --> 00:00:24.929 be fair, is what it looks like on TV. Yeah, exactly. 00:00:25.070 --> 00:00:28.030 But the reality of this office is deeply tied 00:00:28.030 --> 00:00:30.449 to the very continuity of the U .S. government. 00:00:30.829 --> 00:00:33.810 We are talking about being a heartbeat or maybe 00:00:33.810 --> 00:00:36.289 two away from the presidency. Navigating some 00:00:36.289 --> 00:00:39.189 wild 19th century succession crises. Right. And 00:00:39.189 --> 00:00:41.549 quietly wielding a surprising amount of modern 00:00:41.549 --> 00:00:44.039 day authority. Our mission today is to unpack 00:00:44.039 --> 00:00:47.100 a comprehensive Wikipedia article about the president 00:00:47.100 --> 00:00:49.880 pro tempore of the U .S. Senate, peeling back 00:00:49.880 --> 00:00:52.679 the layers of constitutional history, ceremonial 00:00:52.679 --> 00:00:55.000 quirks and real world power to understand what 00:00:55.000 --> 00:00:57.159 this role actually does. Because there's a lot 00:00:57.159 --> 00:00:58.740 hiding under the surface there. There really 00:00:58.740 --> 00:01:01.200 is. OK, let's unpack this. Where exactly does 00:01:01.200 --> 00:01:03.820 the basics of this title even come from? So if 00:01:03.820 --> 00:01:06.200 you look at Article 1, Section 3 of the U .S. 00:01:06.200 --> 00:01:08.840 Constitution, the vice president is the official 00:01:08.840 --> 00:01:11.060 president of the Senate. Right. Currently, J 00:01:11.060 --> 00:01:15.040 .D. Vance. Exactly. But the VP is often absent. 00:01:15.120 --> 00:01:17.200 They have a lot of executive branch duties to 00:01:17.200 --> 00:01:20.280 handle. So the Senate needs a backup. Makes sense. 00:01:20.659 --> 00:01:25.340 The framers mandated that the Senate choose president 00:01:25.340 --> 00:01:29.659 pro tempore, which is Latin for the time being. 00:01:29.700 --> 00:01:31.579 For the time being, right. Yeah. Basically, someone 00:01:31.579 --> 00:01:34.840 to act in their place whenever. The VP isn't 00:01:34.840 --> 00:01:37.099 there. And as a listener, you know, you might 00:01:37.099 --> 00:01:39.599 just see the title and think it's purely a ceremonial 00:01:39.599 --> 00:01:42.739 gabble banger, but it is deeply tied to how our 00:01:42.739 --> 00:01:45.159 government stays intact. Oh, absolutely. But 00:01:45.159 --> 00:01:47.540 the way they actually fill the role today is 00:01:47.540 --> 00:01:49.659 entirely different from what the framers probably 00:01:49.659 --> 00:01:52.079 envisioned. How so? Well, technically, they're 00:01:52.079 --> 00:01:54.620 elected by the Senate as a whole, usually by 00:01:54.620 --> 00:01:56.959 unanimous consent. Just everyone agreeing, no 00:01:56.959 --> 00:01:59.180 formal roll call. Right. But it's become this 00:01:59.180 --> 00:02:02.379 incredibly rigid custom since 1945, starting 00:02:02.379 --> 00:02:04.659 with Kenneth McKellar. They simply give the title 00:02:04.659 --> 00:02:06.540 to the most senior senator of the majority party. 00:02:06.640 --> 00:02:09.039 Just an automatic seniority thing. Pretty much. 00:02:09.199 --> 00:02:12.919 So right now, as of January 3, 2025, that's Republican 00:02:12.919 --> 00:02:16.219 Chuck Grassley. And just before him in 2023, 00:02:16.699 --> 00:02:20.500 Democrat Patty Murray was the pro tem. And she 00:02:20.500 --> 00:02:22.740 actually made history by becoming the first woman 00:02:22.740 --> 00:02:25.780 to hold the position. She did. Yeah. But the 00:02:25.780 --> 00:02:28.479 irony of this whole unwritten seniority custom. 00:02:28.960 --> 00:02:30.939 is what it does to the daily grind of the Senate. 00:02:31.060 --> 00:02:33.340 Right. Because these senior senators are incredibly 00:02:33.340 --> 00:02:37.360 busy. Exactly. They're chairing major, highly 00:02:37.360 --> 00:02:39.439 demanding committees. They have packed schedules. 00:02:39.659 --> 00:02:42.020 So the person officially tasked with presiding 00:02:42.020 --> 00:02:44.000 over the Senate in the vice president's absence. 00:02:44.319 --> 00:02:46.699 Is almost never actually presiding over the daily 00:02:46.699 --> 00:02:48.360 sessions. Right. They just don't have the time. 00:02:48.520 --> 00:02:50.979 So they outsource it. They rotate junior senators 00:02:50.979 --> 00:02:53.460 from the majority party through the chair. They 00:02:53.460 --> 00:02:56.280 call them the acting president pro tempore. Which 00:02:56.280 --> 00:02:58.509 is basically an informal on the job. training 00:02:58.509 --> 00:03:01.009 program. Yeah. You see these first term senators 00:03:01.009 --> 00:03:04.210 up there on C -SPAN in an empty chamber. It forces 00:03:04.210 --> 00:03:07.069 them to stay awake and absorb parliamentary procedure. 00:03:07.409 --> 00:03:09.969 It really does. What's fascinating here is how 00:03:09.969 --> 00:03:12.050 the pro -chem's power actually compares to the 00:03:12.050 --> 00:03:14.550 vice president's power inside that chamber. Right, 00:03:14.610 --> 00:03:16.030 because you'd think they'd have the same authority. 00:03:16.370 --> 00:03:19.030 You would. But unlike the vice president, the 00:03:19.030 --> 00:03:21.990 pro tem cannot cast a tie -breaking vote when 00:03:21.990 --> 00:03:23.830 the Senate is evenly divided. Because they've 00:03:23.830 --> 00:03:25.530 already cast their regular vote as a sitting 00:03:25.530 --> 00:03:27.830 senator. Exactly. They don't get two votes. So 00:03:27.830 --> 00:03:30.349 their day -to -day legislative power is pretty 00:03:30.349 --> 00:03:32.770 limited compared to, say, the Senate majority 00:03:32.770 --> 00:03:35.360 leader. But they do get a nice bump in pay. Oh, 00:03:35.379 --> 00:03:38.580 they do. The salary for the pro tem in 2024 was 00:03:38.580 --> 00:03:43.199 $193 ,400, which equals the majority and minority 00:03:43.199 --> 00:03:45.699 leaders. So it is worth noting that number hasn't 00:03:45.699 --> 00:03:50.539 been adjusted since 2009. True. But it is wild 00:03:50.539 --> 00:03:54.699 to think of this role as just procedural or a 00:03:54.699 --> 00:03:57.740 training program for junior senators when you 00:03:57.740 --> 00:04:00.280 consider what happens if a true disaster strikes. 00:04:00.500 --> 00:04:02.860 Yeah, that changes the math completely. So why 00:04:02.860 --> 00:04:04.900 should you care about this ceremonial title? 00:04:05.219 --> 00:04:07.439 Well, it puts them directly on the presidential 00:04:07.439 --> 00:04:10.439 line of succession. Under the 1947 Presidential 00:04:10.439 --> 00:04:13.680 Succession Act, the pro tem is third in line 00:04:13.680 --> 00:04:16.160 for the presidency. Right behind the vice president 00:04:16.160 --> 00:04:18.480 and then the speaker of the House, currently 00:04:18.480 --> 00:04:20.920 Mike Johnson. And just ahead of the secretary 00:04:20.920 --> 00:04:24.300 of state, currently Marco Rubio. Which means 00:04:24.300 --> 00:04:26.800 they have to be treated like a walking contingency 00:04:26.800 --> 00:04:30.500 plan. Right. They are one of the very few members 00:04:30.500 --> 00:04:33.779 of Congress entitled to a full -time dedicated 00:04:33.779 --> 00:04:37.139 security detail. It's a huge deal. And they also 00:04:37.139 --> 00:04:39.819 have these hidden emergency powers, right? Yeah, 00:04:39.839 --> 00:04:42.180 these quiet authorities that operate in the background. 00:04:42.319 --> 00:04:45.240 For example, under the 25th Amendment, if the 00:04:45.240 --> 00:04:47.379 U .S. president is unable to perform their duties. 00:04:47.560 --> 00:04:49.279 Or if they're recovering and ready to come back. 00:04:49.360 --> 00:04:52.060 Right. There are exactly two people who legally 00:04:52.060 --> 00:04:55.180 must receive those formal declarations. The Speaker 00:04:55.180 --> 00:04:57.709 of the House. and the president pro tempore. 00:04:57.889 --> 00:05:00.230 They also received the War Powers Act reports. 00:05:00.529 --> 00:05:03.110 If the executive branch starts military action, 00:05:03.310 --> 00:05:06.069 the pro tem has to be notified. And if they are, 00:05:06.170 --> 00:05:08.750 they, along with the speaker, can actually force 00:05:08.750 --> 00:05:11.089 Congress back into session. They're essentially 00:05:11.089 --> 00:05:13.389 the legal anchors for the legislative branch 00:05:13.389 --> 00:05:15.329 during a crisis. So what does this all mean? 00:05:15.430 --> 00:05:18.350 Basically, the pro tem is a vital constitutional 00:05:18.350 --> 00:05:21.990 failsafe. When standard operating procedures 00:05:21.990 --> 00:05:25.250 completely break down, they are the glue. And 00:05:25.250 --> 00:05:27.750 you really see how high those stakes can get 00:05:27.750 --> 00:05:29.990 when you look at how this failsafe was tested 00:05:29.990 --> 00:05:32.949 back in the 19th century. Oh, man. The 1800s 00:05:32.949 --> 00:05:37.649 were wild for this office. Between 1792 and 1886, 00:05:37.790 --> 00:05:40.230 they were actually second in line for the presidency. 00:05:40.310 --> 00:05:42.449 Right. Ahead of the Speaker of the House. And 00:05:42.449 --> 00:05:44.689 back then, the vice presidency was empty all 00:05:44.689 --> 00:05:47.529 the time. Ten separate times between 1812 and 00:05:47.529 --> 00:05:50.589 1889. Because of death or resignation. And they 00:05:50.589 --> 00:05:52.490 couldn't just appoint a new VP back then. You 00:05:52.490 --> 00:05:54.889 had to wait for the next election. Exactly. So 00:05:54.889 --> 00:05:57.870 the pro tem frequently functioned as an acting 00:05:57.870 --> 00:05:59.730 vice president. They were literally the next 00:05:59.730 --> 00:06:02.370 person in line for years at a time. Which brings 00:06:02.370 --> 00:06:04.430 up a great piece of trivia from the source material. 00:06:05.079 --> 00:06:07.879 John Tyler is the only Senate president pro tempore 00:06:07.879 --> 00:06:10.220 to ever actually become president of the United 00:06:10.220 --> 00:06:12.779 States. Though a few others came unbelievably 00:06:12.779 --> 00:06:17.620 close. Yes. The 1868 impeachment paradox. This 00:06:17.620 --> 00:06:20.120 is one of my favorite historical close calls. 00:06:20.279 --> 00:06:21.980 It's a perfect example of how the person holding 00:06:21.980 --> 00:06:24.439 the gavel can change history. So President Andrew 00:06:24.439 --> 00:06:27.240 Johnson is impeached and facing trial in the 00:06:27.240 --> 00:06:29.240 Senate. And he didn't have a vice president at 00:06:29.240 --> 00:06:32.379 the time. Which meant the pro tem, Benjamin Franklin 00:06:32.379 --> 00:06:35.790 Wade, was next in line. Right. If the Senate 00:06:35.790 --> 00:06:38.029 convicted Johnson, Wade would instantly become 00:06:38.029 --> 00:06:40.490 president. But the Senate was the jury. Exactly. 00:06:40.689 --> 00:06:42.670 They were voting on whether to hand the presidency 00:06:42.670 --> 00:06:45.009 to their own colleague. And historians believe 00:06:45.009 --> 00:06:47.550 that Wade's political radicalism is the main 00:06:47.550 --> 00:06:50.029 reason Johnson survived. Yeah. Moderate Republicans 00:06:50.029 --> 00:06:53.029 were terrified of Roe v. Wade. They hated his 00:06:53.029 --> 00:06:55.670 agenda, especially on Reconstruction. So they 00:06:55.670 --> 00:06:58.170 acquitted Johnson largely because they deeply 00:06:58.170 --> 00:07:00.569 disliked Roe v. Wade and just didn't want him 00:07:00.569 --> 00:07:02.410 in the White House. They kept a weakened president. 00:07:03.100 --> 00:07:05.959 just to block the pro tem. Amazing. And then 00:07:05.959 --> 00:07:09.339 there's Thomas Ferry in 1875. Another incredibly 00:07:09.339 --> 00:07:12.019 close call. Vice President Henry Wilson died, 00:07:12.300 --> 00:07:15.220 making Ferry next in line. And he had to preside 00:07:15.220 --> 00:07:18.680 over the intensely disputed 1876 electoral commission, 00:07:19.060 --> 00:07:21.579 Hayes versus Tilden. Right. The country was on 00:07:21.579 --> 00:07:23.819 the brink of chaos with competing electors. And 00:07:23.819 --> 00:07:25.819 Ferry was just sitting there as a ticking clock. 00:07:25.939 --> 00:07:28.319 If that electoral college vote wasn't certified 00:07:28.319 --> 00:07:31.290 just two days before the inauguration. Ferry 00:07:31.290 --> 00:07:33.029 would have become the acting U .S. president. 00:07:33.329 --> 00:07:36.029 Congress barely beat the buzzer. They certified 00:07:36.029 --> 00:07:39.029 Hayes on March 2. 48 hours away from the presidency. 00:07:39.389 --> 00:07:41.730 It really highlights how vulnerable the system 00:07:41.730 --> 00:07:43.569 used to be. I mean, there were times when the 00:07:43.569 --> 00:07:46.110 U .S. had no president of the Senate and no pro 00:07:46.110 --> 00:07:49.990 tem at all. Yeah, three specific times. In 1850 00:07:49.990 --> 00:07:53.529 after Zachary Taylor died. In 1881, after James 00:07:53.529 --> 00:07:56.569 A. Garfield died. That gap lasted for several 00:07:56.569 --> 00:08:00.170 weeks. And again in 1885, for almost two weeks 00:08:00.170 --> 00:08:03.009 after Vice President Hendricks died. Just no 00:08:03.009 --> 00:08:05.759 failsafe in place at all. If the sitting president 00:08:05.759 --> 00:08:07.759 died during those windows, the continuity of 00:08:07.759 --> 00:08:09.600 government would have just shattered. Completely 00:08:09.600 --> 00:08:11.779 naked. Which is why they overhauled the succession 00:08:11.779 --> 00:08:14.819 line in 1886. Here's where it gets really interesting, 00:08:14.920 --> 00:08:16.939 though. You'd think the chaos stopped in the 00:08:16.939 --> 00:08:19.220 19th century, but the 20th and 21st centuries 00:08:19.220 --> 00:08:21.040 had their own bizarre quirks. Oh, absolutely. 00:08:21.379 --> 00:08:24.180 The 1911 standoff is a perfect example. William 00:08:24.180 --> 00:08:26.319 P. Fry, who holds the record for the longest 00:08:26.319 --> 00:08:29.939 tenure, 1896 to 1911, he resigns and passes away, 00:08:30.100 --> 00:08:32.460 and the Senate just completely fractures trying 00:08:32.460 --> 00:08:34.240 to replace him. Right. It was a three -way split. 00:08:34.669 --> 00:08:37.230 progressive Republicans, conservative Republicans, 00:08:37.509 --> 00:08:40.710 and Democrats. And nobody would budge. They were 00:08:40.710 --> 00:08:43.769 deadlocked for four months over a basic constitutional 00:08:43.769 --> 00:08:46.669 position. Their compromise was so convoluted. 00:08:46.789 --> 00:08:49.330 It's hilarious. They let Democrat Augustus Bacon 00:08:49.330 --> 00:08:52.669 serve for exactly one day, August 14th, 1911. 00:08:52.830 --> 00:08:54.990 One day. And then for the rest of the session, 00:08:55.090 --> 00:08:57.309 they just rotated five different senators through 00:08:57.309 --> 00:09:00.769 the job. A complete political timeshare. Just 00:09:00.769 --> 00:09:03.490 to appease everyone, if we connect this to the 00:09:03.490 --> 00:09:06.419 bigger picture, You can really see how modern 00:09:06.419 --> 00:09:10.279 history has forced the role to adapt during actual 00:09:10.279 --> 00:09:12.940 crises, not just political squabbles. Like after 00:09:12.940 --> 00:09:15.659 9 -11. Right. During the September 11 attacks, 00:09:16.019 --> 00:09:19.320 security protocols changed everything. When George 00:09:19.320 --> 00:09:21.799 W. Bush addressed the joint session of Congress, 00:09:22.340 --> 00:09:24.440 Vice President Dick Cheney was taken to a secure 00:09:24.440 --> 00:09:26.759 location as the designated survivor. So he could 00:09:26.759 --> 00:09:29.500 not preside. Exactly. Pro Tem Robert Byrd stepped 00:09:29.500 --> 00:09:32.120 in to preside over the joint session. Having 00:09:32.120 --> 00:09:34.620 him up there provided visual and structural spility 00:09:34.620 --> 00:09:36.480 for the country. And we saw something similar, 00:09:36.580 --> 00:09:38.480 structurally speaking, during Donald Trump's 00:09:38.480 --> 00:09:42.159 second impeachment trial in 2021. Yes. Usually 00:09:42.159 --> 00:09:43.940 the chief justice presides over a presidential 00:09:43.940 --> 00:09:46.460 impeachment trial. But Trump was no longer a 00:09:46.460 --> 00:09:48.700 sitting president when the trial began. Right. 00:09:48.740 --> 00:09:51.220 Because of that distinction, the chief justice 00:09:51.220 --> 00:09:54.620 did not preside. Patrick Leahy, the pro tem. 00:09:55.199 --> 00:09:57.539 presided instead. It's like whenever the standard 00:09:57.539 --> 00:09:59.840 machinery doesn't quite fit the situation, they 00:09:59.840 --> 00:10:02.460 reach for the pro tem. They do. And speaking 00:10:02.460 --> 00:10:04.600 of reaching for things, we have to talk about 00:10:04.600 --> 00:10:07.100 all the weird spinoff titles the Senate invented 00:10:07.100 --> 00:10:09.720 for this role. Oh, yes, the subtitles. Because 00:10:09.720 --> 00:10:11.419 it's the Senate, they couldn't just leave it 00:10:11.419 --> 00:10:15.100 alone. Never. First, you have the permanent acting 00:10:15.100 --> 00:10:18.519 president pro tempore. Which is an incredible 00:10:18.519 --> 00:10:22.100 oxymoron. It really is. That went to Lee Metcalf 00:10:22.100 --> 00:10:26.120 from 1963 to 1978. The actual pro tem, Carl Hayden, 00:10:26.200 --> 00:10:28.940 was ill. So they made Metcalf permanent acting 00:10:28.940 --> 00:10:31.159 and he just kept the title for 15 years. Then 00:10:31.159 --> 00:10:33.700 they invented the deputy president pro tempore 00:10:33.700 --> 00:10:36.919 in 1977. Which was purely a consolation prize. 00:10:37.200 --> 00:10:39.559 Literally. Hubert Humphrey lost his bid for Senate 00:10:39.559 --> 00:10:41.580 Majority Leader so they created this title just 00:10:41.580 --> 00:10:44.649 for him. Any former president or VP in the Senate 00:10:44.649 --> 00:10:46.809 automatically got it. But George Mitchell was 00:10:46.809 --> 00:10:49.809 the only other person to hold it in 1987. It's 00:10:49.809 --> 00:10:52.929 been vacant since 1989. And the most common modern 00:10:52.929 --> 00:10:57.200 spinoff is President Pro Tempore Emeritus. Created 00:10:57.200 --> 00:10:59.960 in 2001 for Strom Thurmond. Right. Because party 00:10:59.960 --> 00:11:02.419 control flipped, Democrat Robert Byrd became 00:11:02.419 --> 00:11:05.419 the actual pro tem and they gave Thurmond this 00:11:05.419 --> 00:11:08.539 new honorary title. It's for a minority party 00:11:08.539 --> 00:11:12.159 senator who used to be pro tem. Byrd, Ted Stevens, 00:11:12.440 --> 00:11:15.059 Patrick Leahy, Chuck Grassley and Patty Murray 00:11:15.059 --> 00:11:17.379 have all held it. It comes with no floor duties, 00:11:17.539 --> 00:11:19.899 but historically it got you an increased staff 00:11:19.899 --> 00:11:22.210 budget. Of course it did. Though I think its 00:11:22.210 --> 00:11:24.269 source noted that budget bump was phased out 00:11:24.269 --> 00:11:26.149 a few years ago. Yeah, towards the end of the 00:11:26.149 --> 00:11:29.289 113th Congress. But it's still a highly prestigious 00:11:29.289 --> 00:11:31.860 honor. Definitely. We have covered a ton of ground 00:11:31.860 --> 00:11:34.639 today, from a basic mandate for a missing vice 00:11:34.639 --> 00:11:37.960 president to 19th century succession crises to 00:11:37.960 --> 00:11:40.340 a modern role that blends mundane daily chores 00:11:40.340 --> 00:11:43.320 with massive constitutional weight. It is so 00:11:43.320 --> 00:11:45.419 much more than an older senator holding a gavel. 00:11:45.519 --> 00:11:48.340 It really is. And this raises an important question 00:11:48.340 --> 00:11:51.080 that you really have to consider. Since 1945, 00:11:51.740 --> 00:11:54.860 the Senate has simply handed this immense constitutional 00:11:54.860 --> 00:11:58.259 responsibility. being third in line to the nuclear 00:11:58.259 --> 00:12:00.940 codes, to whichever majority senator has been 00:12:00.940 --> 00:12:02.620 sitting in the chamber the longest. Just based 00:12:02.620 --> 00:12:05.299 on tenure. Right. In a modern world defined by 00:12:05.299 --> 00:12:07.779 rapid crises and a need for dynamic leadership, 00:12:08.059 --> 00:12:12.000 is relying on an unwritten seniority custom really 00:12:12.000 --> 00:12:14.460 the safest way to pick the person who might suddenly 00:12:14.460 --> 00:12:16.940 have to lead the free world? Something to seriously 00:12:16.940 --> 00:12:18.980 think about. Thank you for joining us on this 00:12:18.980 --> 00:12:21.279 deep dive. We hope you walk away with a totally 00:12:21.279 --> 00:12:23.179 new appreciation for the hidden architecture 00:12:23.179 --> 00:12:26.509 of the Senate. Keep asking questions, stay insanely 00:12:26.509 --> 00:12:29.549 curious, and keep exploring the fascinating structures 00:12:29.549 --> 00:12:32.210 hiding right in plain sight. See you next time.