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

[Reno89519]

We have had multiple periods of 6 months to two three years without a VP. Mike Johnson is next in line and that will suffice until January.

[Reno89519]

It is NOT over. Not only is she not a natural born citizen, her family was deported when she was four. She grew up as a Canadian resident.

[billakay]

The issue with that idea is that the qualifications for President and VP are identical according to the Constitution. So if she is in the office of VP now, it is implied that she is eligible to be President.

[adorno]

Sadly, that ship has sailed.

That 'ship' has not been sailed to the Supreme Court's waters.

[jdege]

She can choose who she wants as running mate in the next election. But a replacement to serve out the remainder of her current term requires Senate confirmation.

[Dilbert San Diego]

This brings up issues of who is going to take this issue to court.

The Supreme Court doesn’t just sit around issuing opinions. A specific lawsuit will have to be brought against Kamala Harris on the issue of Natural Born citizenship.

And that case will have to be heard in federal court , a ruling would be issued , and eventually it might reach the Supreme Court. So who is going to file the lawsuit?

[adorno]

So who is going to file the lawsuit?

Essentially, any U.S. citizen with voting rights should be able to challenge Kamala. Any voting citizen should qualify as having a standing on the issue. And something that important is not a local issue and could go straight to the Supreme Court. It is a NATIONAL issue as far as the vote is concerned.

[Pythion.net]

"She can be VP just not POTUS."

I direct your attention to the last sentence of the 12th Amendment:

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

In other words, if you can't be President, you can't be VP either. You really think they would leave such a glaring loophole?

[coalminersson]

How is a vice-presidential vacancy filled? Section 2 of the 25th Amendment requires that if the office of the vice president becomes vacant, the president nominates a new vice president who must then be confirmed by a majority vote of both the House of Representatives and the Senate

[moviefan8]

I think it is this, right?

https://babel.hathitrust.org/cgi/pt?id=osu.32437011509383&seq=477

[9YearLurker]

Joe could keel over and they’d keep his carcass going until January. At least until Hill officially loses to the Donald in November. No way Hill is letting Kamala swipe that “first female president” title from her.

[Georgia Girl 2]

The Constitution only addresses the requirements for President.

[Dilbert San Diego]

Please see response 48, then get back to us.

[vpintheak]

Joetato will make it thru his term. It’s just the next one that is in question.

[Georgia Girl 2]

The cogent point is that Kamala Harris is not eligible to be President. If they try to advance her there is going to be a wall of court challenges.

[scouter]

Mike Johnson would not have Kamala as his boss. He would remain Speaker of the House. If she died, resigned, or was removed from office before a vice president was approved by Congress, he would become president. But at no point would Kamala be his boss.

[Jim Noble]

Essentially, any U.S. citizen with voting rights should be able to challenge Kamala. Any voting citizen should qualify as having a standing on the issue. And something that important is not a local issue and could go straight to the Supreme Court. It is a NATIONAL issue as far as the vote is concerned.

Please show us where in the Constitution there is anything about individuals "voting for President"

State Legislatures appoint Electors, who meet in 50 different locations and send their ballots to be counted in public by the President of the Senate.

It is true that in recent years all 50 Legislatures have chosen to use people voting as the method of appointing Electors, but it is not required, and this process creates 50 State elections, not one National one.

[Maine Mariner]

Until the 25th amendment was passed there was no provision for the president who was the vice president to fill that position. So the office of vice president was vacant until the next presidential election.

[billakay]

The last sentence of the 12th Amendment (which, of course, revises the procedure for election of POTUS and VPOTUS) is: “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” This carries the qualifications from Article II, Section 1 forward to apply to the VPOTUS as well.

[Jim Noble]

billakay is correct.

Kamala Harris is a natural-born US citizen, as indicated that she was born in the State of California and was sworn in as Vice President without objection on Jamuary 20, 2021.

There is ZERO chance that any Court will overturn the Obama precedent (British subject at birth), and I would be astonished if any US court would even hear such a case.