That's an interesting point - so, why wasn't that mentioned in ITSOTG? Would have avoided all those "who's in command"-issues!
The answer is in the question: Sorkin wanted to do some drama (and, probably, to have Leo running things instead of Hoynes), so he created ambiguities where none exist.
That's not exactly accurate, though.
When Reagan was under after having been hit by a would-be assassin's bullet, then-Vice President Bush wasn't the one running the show. Instead, then-Secretary of State Alexander Haig asserted that he was in charge, saying, rather infamously:
U.S. Secretary of State Alexander Haig said:
Constitutionally, gentlemen, you have the President, the Vice President and the Secretary of State in that order, and should the President decide he wants to transfer the helm to the Vice President, he will do so. He has not done that. As of now, I am in control here, in the White House, pending return of the Vice President and in close touch with him. If something came up, I would check with him, of course.
Seems to me that Leo giving the orders the night of Bartlet's surgery is a reference both to the fact that, historically, the right of the Cabinet to vote for the Vice President to assume the Acting Presidency has never been used (as they're apparently loathe to do so, period), and to Secretary Haig's "taking control" during the Reagan crisis.
He also dragged out the idea(also seen in the movie Air Force One) that in a military crisis situation there's some ambiguity about whether the VP or the Secretary of Defense is authorized to act as president, which is likewise nonsense: executive power descends very clearly, and without situational variation, to the Vice President, thence to the Speaker, etc.
Erm, no. Not exactly. The film
Air Force One was actually quite right in its depiction of things: Unless the Vice President as assumed the Acting Presidency under the 25th Amendment or has become the President, the Vice President has no authority to issue any orders to the Secretary of Defense whatsoever.
Yes, the presidential succession list is very clearly defined, but it's
not clearly defined who's in charge if the President is unable to discharge his/her duties or is out of communication in a crisis yet the Cabinet is unable or unwilling to vote for the Vice President to assume the Acting Presidency.
Wow you are completely missing the point.
First of JFK was killed instantly, however that wasn't reported, there was some time before it was official that the president was dead. Who was running the country then? Constitutionally probably no one, but in time of need no one cares about a piece of paper
Constitutionally, the instant John Kennedy died, Lyndon Johnson became President.
Now, yeah, sure, there would have been a brief period of time before this fact would have been clear to everyone, but asking, "Who was running the country?" during the all of -- what, a half-hour or hour? -- it took to determine and communicate that Kennedy was dead and Johnson should take the Oath of Office is a bit like asking, "Who's running the country when the President is asleep at night?"
Johnson was President, but
no one was exercising the duties of the President during that brief period of time, because, well, there are numerous times throughout the course of a single day where no one is exercising the duties of the President because there are no Presidential duties to be exercised. No one's exercising the duties of the President when he's asleep in the Residence, either, yet the country doesn't fall apart.
Countries don't require constant manual operation.
