:: Having accepted her on the ticket and allowing her to be elected, doesn’t the succession clause now override the NBC clause? ::
But, there was no legitimate election to place her as VP.
NBC is moot because if the election is de-certified, neither one were elected.
I think I figured it out.
I don’t think a person has to be a NBC to be a Vice President, so no challenge was made to Harris merely being on the ticket or even serving after Biden stole the Presidency. So the proper time to make the eligibility challenge would be upon the removal of Biden, by death or incapacity.
The 25th Amendment to the Constitution, Section 2, states:
“Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.”
Since Harris is not eligible to be President, she’s not eligible to nominate a new Vice President, so now both positions are vacant. However, the Constitution provides that if neither the President nor Vice President can serve, the Congress shall provide law stating who is next in line. Currently that law exists as 3 USC 19, a section of the U.S. Code. This law was established as part of the Presidential Succession Act of 1947. There, the following line of succession is provided (https://usconstitution.net/consttop_succ.html):
Speaker of the House of Representatives
then a whole bunch of others
In light of all of these provisions, I don’t see any Constitutional crisis or situation that wasn’t already contemplated that avoids Pelosi becoming President.
But, there was no legitimate election to place her as VP.
NBC is moot because if the election is de-certified, neither one were elected.
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Yet they’re both serving at the moment, and doing a great deal of damage in doing so. The question I was asking is what happens when Biden is removed/killed/dies a natural death? I think I may have answered it above. It’s not good.