Biden wouldn’t be President if he keeled over in the next two weeks, and thus she would not succeed him. That is the dilemma in “what if” scenario that I was painting. In other words, The Presidency would not change because Biden was “President-elect”, and not President. She would not have a formal office, not even Senator. Talking about your Constitutional crisis. “There is nothing in the Constitution that allows for special elections for the president or for remaining in office once his term is over.” There is the conundrum: There has never been an instance where there was not a “President-elect” that would assume his duties on January 20th, and there is nothing in the Constitution that allows for that.
Somehow I think they could find a way to keep SlowJoe’s heart beating until inauguration day. I know a comatose Julia Carson from here in Indiana was wheeled into the Capitol for a few votes before she was pronounced dead.
Twentieth Amendment 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.
Yes she would. I should have been quoting the 20th Amendment, 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."
There is the conundrum: There has never been an instance where there was not a âÂÂPresident-electâ that would assume his duties on January 20th, and there is nothing in the Constitution that allows for that.
The term of the President ends at noon on January 20th. Even without the 20th Amendment Trump could not continue on, there would be no special election, the new president would be next in line of presidential succession. But the 20th Amendment solved your scenario.