"if the law is probably unconstitutional" then the law needs to be challenged and changed, not undermined behind closed doors. There's a reason we HAVE written laws, after all... so that the law is visible and open to all and can't be changed at the whim of whoever might be in power today.

Our founding fathers had a few good ideas... just ask Scalia, he'd wax rhapsodic telling you how great they were. I don't think this alleged secret succession plan is a good thing now, I don't think it would have been a good thing when Blowjob Bill was in office, and I don't think it was a good thing when Reagan was in office either.

If succession act needs to be changed, it needs to be changed in the open, with our elected representatives answerable to the voters for the results. If its constitutionality is to be challenged, it needs to be done NOW, while there is no question of a succession event, and that needs to be done in the light of day as well.