Posted on 12/19/2012 5:33:26 AM PST by kristinn
The rule passed in 1947 only applied to the circumstance where both the sitting president and the sitting vice president were disabled. Then the rules of succession were like this (abbreviated);
The Presidential Succession Law of 1947 addressed the simultaneous disability of both the president and vice president. Under this law, here are the offices and current office holders who would become president should both the president and vice president be disabled. Remember, to assume the presidency, a person must also meet all the legal requirements to serve as president.
1. Vice President of the United States
2. Speaker of the House of Representatives
3. President pro Tempore of the Senate
The secretaries of the president’s Cabinet now fill out the balance of the order of presidential succession:
4. Secretary of State
5. Secretary of the Treasury
6. Secretary of Defense
7. Attorney General
8. Secretary of the Interior
9. Secretary of Agriculture
etc.
The 20th amendment addressed the eligibility question thus and seems to cover the bases;
(section 1 and 2 skipped;
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
So it looks like you are basically correct for the short term.
I notice it says ‘... or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified;...’.
It does not say the vice president elect becomes president for the remainder of the term. I guess congress could decide Biden was eligible and should be moved up (the D congress would have for sure).
It gets even screwier when you think about the second term before discovery.
Who would the R congress choose?
I have not been able to find a rule on whether all on a ticket can be ineligible if the head of the ticket is found ineligible due to fraud or other high crime and /or misdemeanor.
It would be difficult to argue successfully that the VP side of the ticket had no knowledge of the fraud.
Therefore add conspiracy to the list of high crimes etc.
I’m scaring myself now ... that might turn out to be Pelosi ... brrrbrrr
I guess if they decided to ignore the past and deal with current then Boehner if he is eligible by the rules.
Nightmare if it rolled all the way down to attorney general ...
BTTT
May it be! From your mouth to the ears of you know Who.
May it be! From your mouth to the ears of you know Who.
If my memory serves me right, after President Reagan, ALL Democrat Chief Execs. have been impeached except for Arrogant Communist, Benghazi-Coward B. Hussein Obama.
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