The Islands Off the Succession Chart: A Continuity Standard for America's Territories
Federal continuity doctrine has a geography problem. It is designed for a union of states, and it speaks in the vocabulary of governors, state emergency management agencies, congressional delegations, and state-level mutual aid. That vocabulary does not fit the territories. Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands are home to roughly 3.5 million U.S. citizens and nationals, but they sit at the edge of the succession map. As of 2026, the federal government still lacks a coherent, publicly legible standard for how territorial governance would be reconstituted after a catastrophic disruption.
The omission is not a constitutional accident. It is an administrative blind spot with constitutional consequences. Territories are governed under Article IV of the Constitution and organic acts passed by Congress, not as states. Their residents lack voting representation in Congress and cannot vote for president. Those facts are familiar. Less familiar is how they compound after a disaster: the very mechanisms that might restore order—succession, emergency funding, federal coordination, legislative continuity—are least standardized precisely where federal authority is most plenary.
A Different Constitutional Geography
Presidential succession does not depend on states, but federal continuity planning often does. The line of succession runs through federal officers. The National Continuity Policy coordinates executive departments and agencies. Congressional continuity planning assumes that states will send replacements or that surviving members can reconstitute quorums. Territorial delegates, who represent more than three million people, are nonvoting on final passage and are rarely written into continuity exercises. They can be useful voices in committee, but they are not full participants in the institution they help represent.
At the territorial level, succession rules vary. Puerto Rico's constitution provides for gubernatorial succession and legislative vacancies. Guam, the U.S. Virgin Islands, and the Northern Mariana Islands operate under organic acts and local constitutions that specify some succession details. American Samoa has its own constitutional arrangements. But these provisions were not drafted with a federal continuity framework in mind, and they do not uniformly address emergency relocation of government, pre-delegated authorities, quorum reconstruction, or the continuity of federal-territorial coordination. The result is a patchwork.
Where the Gaps Appear
Three gaps matter most.
First, representation. If a catastrophe decimates Congress, territorial delegates would have no floor vote in a reconstructed House, and their offices may not be included in continuity communications. That weakens the territorial voice at the moment when federal emergency decisions are being made. The issue is not whether delegates should vote on final passage; it is whether they should be inside the continuity architecture. They should.
Second, funding. Federal emergency funding formulas often assume state agencies, state matching funds, and state-level administrative capacity. Territories can receive major disaster declarations and federal assistance, but the pass-through structures are uneven. Medicaid, transportation, and rebuilding programs can treat territories differently from states. After a catastrophic event, those differences become bottlenecks. A territorial government trying to restore essential services should not have to litigate formula eligibility while its treasury is depleted.
Third, coordination. Federal regional offices, interstate mutual aid compacts, and continuity exercises tend to map onto states. Territories may participate in some compacts, but the relationships are not uniform. When communications fail and federal officials must decide who speaks for a territorial government, the answer should be codified in advance, not improvised.
A Minimum Continuity Standard
A territorial continuity standard need not resolve the status question. It can be technical, statutory, and neutral. Congress has authority to set minimum requirements for territorial governance continuity, and federal agencies can adopt implementing protocols. Five elements would close the most serious gaps.
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Codify succession and relocation. Each organic act or territorial constitution should specify gubernatorial and legislative succession, emergency relocation of the seat of government, quorum rules, and temporary delegation of essential authorities. These provisions should be reviewed every five years.
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Create a federal-territorial continuity liaison. The Federal Emergency Management Agency and the Department of Homeland Security should designate a continuity liaison for each territory, with pre-negotiated protocols for communication, federal recognition, and joint decision-making.
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Include territorial delegates in continuity planning. Territorial delegates and resident commissioners should receive continuity communications, participate in exercises, and be assigned roles in congressional continuity planning consistent with House rules.
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Standardize emergency funding pass-throughs. Congress should require that territorial emergency management agencies have direct access to disaster funding and that formula programs use clear territorial equivalents for state administrative requirements.
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Require exercises and public reporting. Each territory and the relevant federal agencies should conduct a continuity exercise every two years and publish an unclassified after-action report. Public legibility is itself a continuity asset.
The Politics of Inclusion
Territorial status is contested, and continuity planning should not become a proxy for statehood or independence. The standard proposed here is deliberately agnostic on that question. It treats territorial governance as a federal responsibility because Congress already exercises plenary authority over the territories. It also treats territorial residents as Americans whose government should not disappear into an administrative gap after a hurricane, earthquake, or attack.
The fifty-state frame is deeply embedded in federal law. Changing it wholesale is unrealistic. But continuity planning is not ordinary administration. It is the law of last resort, and last-resort law should not leave millions of Americans off the map. A minimum territorial standard would not solve every problem of representation. It would ensure that when the worst happens, the islands are not left to improvise their own succession.