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What's the process if biden resigns before election?

Posted on 09/04/2024 5:42:32 AM PDT by bluescape

I read an article on Gateway Pundit about biden resigning so I wondered what would happen if he did.

It's no stretch. Just his health alone could mandate it, but what would kamala do campaign wise? She would become active president right now, but would that affect her current campaign? Maybe no big changed in that. A new VP would pop up, but what else?


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To: Openurmind

Disagree. There is precedent for not approving a VP immediately. Ford nominated Rockefeller as VP on Aug 20, 1974 and he was not approved until Dec 19. And Ford had more than 16 months to go.

When JFK was assassinated, Speaker McCormick was acting VP for the rest of LBJ’s term, over 14 months. Speaker Carl Albert , a Dem, served as acting VP from Oct 1973 to Dec 1973 when Agnew stepped down. Lots of other examples.

No way the GOP controlled House expedites the process to get a VP installed for 2 months. The GOP may be the stupid party, but there are limits to even stupidity.


41 posted on 09/04/2024 7:39:39 AM PDT by kabar
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To: bluescape

“I’m too busy running the country to debate a convicted felon”


42 posted on 09/04/2024 8:06:49 AM PDT by FrankRizzo890
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To: bluescape

The good news is we’d get this historic “first woman President” thing out of the way for good.


43 posted on 09/04/2024 8:06:51 AM PDT by Rio
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To: Repealthe17thAmendment

I think you have nailed it. It will be all about the timing and influencing low information voters.


44 posted on 09/04/2024 8:07:36 AM PDT by pfflier
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To: bluescape

Kamala ascends to the Presidency.

She “could” nominate a VP, but it probably wouldn’t go through because of time constraints.

The Speaker becomes first in line if the “President Harris”leaves office.

This is all laid out in the Constitution.


45 posted on 09/04/2024 8:08:43 AM PDT by Vermont Lt (Don’t vote for anyone over 70 years old. Get rid of the geriatric politicians.)
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To: bluescape

Harris does not want to reveal what she is, until after the election.


46 posted on 09/04/2024 8:09:27 AM PDT by linMcHlp
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To: TheBattman

The SOTH doesn’t become VP. They merely move up in the line of succession. The titles do not change.

The new President would nominate a VP. That candidate would need to be vetted and voted on by both houses of Congress, needing a majority in both.

That process takes time. Chances are that if this happened in October, there would not be enough time to get Walz nominated and appointed. So Roger’s would be standing in line, but with no title change.


47 posted on 09/04/2024 8:12:30 AM PDT by Vermont Lt (Don’t vote for anyone over 70 years old. Get rid of the geriatric politicians.)
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To: hoagy62

People who suggest “Martial Law” don’t really have a concept of what that means. Who enforces “martial law”. Is it in place EVERYWHERE, or just in one or two places.

The US is a BIG place. We do not have a huge standing army, ready to take to the streets.

People suggesting martial law haven’t taken the time to think that through.


48 posted on 09/04/2024 8:16:44 AM PDT by Vermont Lt (Don’t vote for anyone over 70 years old. Get rid of the geriatric politicians.)
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To: bluescape

In true Obama fashion, the position would be sold to the highest bidder, of course!


49 posted on 09/04/2024 9:04:09 AM PDT by Fireone ("and dumb & silent we may be led, like sheep, to the Slaughter." G. Washington 1783)
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To: Vermont Lt

I get the normal process of harris ascending to the presidency and so on with the house selecting VP. I was wondering how, if any, this would affect her campaign for President.

Would this be considered part of a first term and exclude her from running a second term? Would dims be able to pull shenanigans to stop this 2nd term exclusion? I don’t think there would ever be a 2nd term for her but this is a little unprecedented. I guess the Ford presidency would be a close example.


50 posted on 09/04/2024 9:04:26 AM PDT by bluescape
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To: SteveH

Under the 25th Amendment both the House and the Senate must vote to name a new VP, who is confirmed by a majority (not 2/3) vote in both houses (the 25th amendment procedure is different than all other advice and consent appointments, where only the Senate is involved). The House would not have to confirm a VP, which would make Mike Johnson, Speaker of the House, as the defacto Vice-President. In that case, Patty Murray would be the President of the Senate, with no one to break ties.


51 posted on 09/04/2024 9:25:40 AM PDT by nd76
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To: ChronicMA

Looking at that list of names, I think it’s a very good thing that their presidents did not resign and leave them as acting president. But I have often wondered why Bill Clinton at the end of his term and under a great deal of negative press didn’t resign, leaving Gore as president. I believe that would have put the election in his favor and he would have been president for 4probably even eight years.


52 posted on 09/04/2024 9:38:18 AM PDT by Responsibility2nd (Leaving Abortion up to the States is like Leaving Slavery up to the States.)
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To: jjotto

Yes, but could they, would they, should they do so with less than eight weeks left before election day?


53 posted on 09/04/2024 9:40:44 AM PDT by Responsibility2nd (Leaving Abortion up to the States is like Leaving Slavery up to the States.)
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To: kabar

Many thanks for posting that bit of information. I was wondering if it were possible, if it was even a good idea, for Congress to approve a VP if and when Biden is totally gone mentally as well as physically.


54 posted on 09/04/2024 9:46:40 AM PDT by Responsibility2nd (Leaving Abortion up to the States is like Leaving Slavery up to the States.)
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To: bluescape

If Biden resigned or died Kamala Harris would become President from whatever date he left through Noon on 1/20/25. If, in the meantime, she and Walz are appointed by the 50 State Legislatures through the Electoral College mechanism, she would continue as President and Walz would be sworn in as VP on 1/20/25.

The day she became President the Vice-Presidency would be vacant. There is no line of succession to that office - President Harris could and probably would appoint a VP, to serve through 1/20/25, but that appointee would need both House and Senate confirmation (by simple majority in each House), and I imagine if she appointed Tim Walz before the November preference voting in the States the House might not go along.


55 posted on 09/04/2024 9:57:21 AM PDT by Jim Noble (Assez de mensonges et de phrases)
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To: 5Madman2

Many posters on FR have no idea what the (very clear) Constitution says about how the State Legislatures appoint a new President and Vice President.

Many posters here believe “primaries”, “running for President”, being “nominated”, being “on the ballot”, “presidential elections”, “calling states”, and “certification by Congress” are actually part of the Constitutional system when of course they are not.


56 posted on 09/04/2024 10:01:19 AM PDT by Jim Noble (Assez de mensonges et de phrases)
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To: TheBattman
I thought order of succession would bring VP to President, and the Speaker of the House becomes VP???

There is no order of succession to the Vice Presidency.

57 posted on 09/04/2024 10:04:40 AM PDT by Jim Noble (Assez de mensonges et de phrases)
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To: bluescape

Ah…the 25 amendment is pretty specific on this. She would be able to stand for two elections (2024 AND 2028) as long as her total time in office does not exceed 10 years.


58 posted on 09/04/2024 10:09:08 AM PDT by Vermont Lt (Don’t vote for anyone over 70 years old. Get rid of the geriatric politicians.)
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To: kabar
When JFK was assassinated, Speaker McCormick was acting VP for the rest of LBJ’s term, over 14 months

Completely false.

There was no Vice President, acting or otherwise, from 11/22/63-1/20/65, and that is the main reason the XXV Amendment was submitted and ratified.

59 posted on 09/04/2024 10:09:35 AM PDT by Jim Noble (Assez de mensonges et de phrases)
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To: ChronicMA

Clinton was too busy with last-minute pardons to let Gore have the office for a day or two.


60 posted on 09/04/2024 10:31:17 AM PDT by Verginius Rufus
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