Will "President" Kamala need Congressional Approval on her Choice for VEEP?

Freerepublic.com ^ | July 21, 2024 | All of us

[Jess Kitting]

In the event that Biden resigns or is removed from office, Vice-President Kamala Harris ascends to the presidency.

The position of vice-president then becomes vacant, and the next in line is Speaker of the House, Mike Johnson.

We know the normal process for selecting a veep: Presidential nominee chooses a vice-president at the convention; then, voters elect the "ticket".

However, what is the process for naming a new vice-president between election cycles?

Can the "sitting" president just install whomever they want, or is approval from congress needed, like with Supreme Court justices, cabinet members and other appointments?

As I recall (I was very young at the time), when Spiro Agnew resigned as Nixon's VP, congress had to approve his replacement, Gerald Ford.

Could someone enlighten us on the Constitutional process?

Thanks

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TOPICS:
KEYWORDS: succession

[AndyJackson]

I disagree that this would be a slam dunk, but a lot of RINOs are going to have to be threatened with perdition here on earth for the remainder of their days.

[Starboard]

“Can the “sitting” president just install whomever they want”

*************

Only if they’re a Democrat. /sarc

[know.your.why]

Oh wow. Never had considered the scenario of Mike Johnson having Kamala as his boss. I wonder if he could comment on that arrangement with a straight face?

[ealgeone]

25th Amendment

Section 4

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office.

Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

[CodeToad]

Reading the constitution usually answers such questions.

[adorno]

The bigger and more important question is:

Will Kamala need Congressional Approval before assuming the presidency or even running for president?".

She is not a natural-born American citizen, as required under the constitution.

[Jim Noble]

Precedent shows that the office is often left vacant. When W.H. Harrison, Zachary Taylor, Abraham Lincoln, James A. Garfield, William McKinley, Warren G. Harding, FDR and JFK died in office, their successors did not see fit to fill the VP vacancy. Richard Nixon was the first to do so.

Richard Nixon was the first to do so because Amendment XXV was not ratified until February 10, 1967.

Prior to that, there was no mechanism to fill a vacancy in the Vice Presidency.

[Jess Kitting]

“If no one approved, and something happens to Kamala…. Can you say, “President Mike Johnson” for 6 months.”

Yikes, hopefully Congress complies with her choice.

You think "Kamala's choice" would be better than Mike Johnson as next in line for the presidency?

[BobL]

“You think “Kamala’s choice” would be better than Mike Johnson as next in line for the presidency?”

Just having some fun regarding Johnson!

[Dilbert San Diego]

Well this Natural Born citizenship issue has been discussed over and over here on Free Republic.

Under our laws and Constitution if she’s ineligible to be president she’s also ineligible to be vice president. And yet she ran for vice president and was elected and has served as vice president so there’s that.

It’s not like anything would happen on this issue, legally speaking, if she became president , because nothing legally was ever done when she became vice president.

[Sirius Lee]

Congress would be in no hurry to fill a VP vacancy for the remaining three and a half months until the election.

[adorno]

Under our laws and Constitution if she’s ineligible to be president she’s also ineligible to be vice president.

Yet, it was never brought up to the Supreme Court and never challenged or discussed. Democrats made sure that it wasn't brought up or discussed. There is always a first time, and he time may be this year.

[Brian Griffin]

“I do not stand here to cavil with men who are not read in the horn-books of the law; but I assert that every man born within the limits of the Republic, or under its flag at sea, of parents who were not the subjects of any other sovereignty, are, in the very words of the Constitution, natural born citizens”

John Bingham, framer of Amendment XIV that made Obama, Harris and Haley US citizens

from the Cong. Globe, 37th, 2nd Sess., 407 (1862)

https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=058/llcg058.db&recNum=64

Enter in 407, click Turn to image, and look at the end of the first and beginning of the second column.

[Jess Kitting]

Kamala’s problem is that she’s not eligible to be President . . .

The only "eligibility" Biden and the Dems required was her race and gender.

[Churchillspirit]

"And then President Harris would need a food taster"

.....and never take a trip to Fort Marcy Park.

[Georgia Girl 2]

She can be VP just not POTUS.

[hanamizu]

“....their successors did not see fit to fill the VP vacancy.”

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It’s not that they didn’t see fit, there was no Constitutional way to fill the vacancy, and apparently no perceived need, since as one VP put it, the office was worth ‘a bucket of warm piss’. The current VP illustrates this opinion quite well.

[erkelly]

I honestly don’t think a Hillary confirmation would ever happen.

[erkelly]

Sadly, that ship has sailed.

[HombreSecreto]

Exactly. No way a Kamala Veep gets past Congress. That may temper any 25th action.