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PTWB

(4,131 posts)
Sat Feb 23, 2019, 10:23 AM Feb 2019

Hypothetical presidential eligibility question

I’m just curious how this would work. Let’s say in our hypothetical scenario that a 33 year old was elected President. Shortly after assuming office, the 33 year old’s age was discovered. Now let’s say that the congress is controlled by that person’s party and impeachment isn’t considered.

How would the person be removed from office? Is there a mechanism?

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PTWB

(4,131 posts)
2. I'm sure it would be. I'm just curious about the mechanism, if one exists
Sat Feb 23, 2019, 10:31 AM
Feb 2019

If there is such a mechanism.

 

manor321

(3,344 posts)
3. Impeachment is the only mechanism. No other.
Sat Feb 23, 2019, 10:40 AM
Feb 2019

Or the 25th Amendment, but I don't think it would apply here.

 

PTWB

(4,131 posts)
4. Assuming our hypothetical candidate was unaware of his or her true age..
Sat Feb 23, 2019, 11:18 AM
Feb 2019

And didn’t lie, or commit any crimes, would impeachment still apply?

 

EffieBlack

(14,249 posts)
5. I'm not sure impeachment would be required
Sat Feb 23, 2019, 12:35 PM
Feb 2019

If she's constitutionly eligible to be president, there's a question whether she was actually president, notwithstanding having been sworn in. The question would be whether the congressional certification of the Electoral College results and oath of office makes whomever it's administered to president, even if the person is ineligible.

If the answer is no, impeachment would probably not be necessary - the vice president could be sworn in.

William Manchester analyzed a similar question in Death of a President - whether the vice president automatically became president immediately upon the death of the president or if the oath needed to administered in order to make him/her president.

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