Between Jan 6 and Jan 19...What happens IF

[SoCalDem]

Let's say for any reason, *² cannot be inaugurated.. a pretzel, a car accident, a heart attack..

His first term (and Cheney's) is ended. Cheney was "elected" as VICE president, but if he has not been inaugurated for his 2nd term, he is technically NOT the vice president, so would he automatically assume the office of president, and choose HIS replacement?


OR

would the next highest vote getter (for president) in the Nov election be the one to be inaugurated?

I asked this question in 2000, and got NO answer? IS there an answer??


It's like you are selected for a job, and have already chosen your secretary and staff, but kick the bucket the day before the new job starts.. Would the company say to your staff..."Sorry about Bob, but you guys are still 'hired'."?...or would they just hire the next best person, and let THEM bring in their own staff?

[Truman01]

1. The answer is that Cheney would be President nt

[NV Whino]

2. Now that is a bucket of worms

And I don't know if there is an answer. (Every pun intended, by the way.)

[Orangepeel]

3. his 1st term has NOT ended. It ends the minute he is sworn in for the 2nd

his first term didn't end today when the votes were certified, just like it didn't end on Nov. 2 when the vote was taken.

if something happens, god forbid, then cheney would be sworn in instead. He IS technically the vice president. He would assume the office of president and appoint his replacement, subject to confirmation by the Senate.

If something happened to both of them, the speaker of the house would be president. There is no place at all in the line of succession for the next highest vote getter.

[hvn_nbr_2]

4. The constitution doesn't say anything specifically

(as if that matters any more). But I think it does say that Congress can determine who is president in cases not specifically covered by the constitution. For example, the familiar succession series--Speaker of the House, President Pro Tem of the Senate, Secretary of State, etc--is a law, not in the constitution. But it's a valid law because the constitution gives Congress the power to decide a line of succession. I recall that if all those people happened to be killed at once or the positions were not filled, then Congress would determine who would become president.

So, consititutionally, Congress would decide. Practically, Congress would choose Cheney, or conceivably Hastert, but probably Cheney.

[wuushew]

5. The 20th amendment is pretty clear

Amendment XX - Presidential, Congressional terms. Ratified 1/23/1933. History

1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

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.

4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

[hvn_nbr_2]

7. Wow, thanks.

How did I not know that? It was a long time ago when I was in school, but not before 1933 :-)

[Cuban_Liberal]

6. Amendment XX, Article 3:

...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....

[yurbud]

8. What is your point? That is not a solution

The retard would be far more valuable to them as a martyr, and give them an excuse to round people up.

We have to figure out a way to win with ideas because the right has a hell of a lot more guns.

Please do not incite or imply inciting that kind of violence.

Gandhi got it done without firing a shot, as did the revolution that ended communism in the Soviet Union. We should be able to figure out a way to do the same.

[SoCalDem]

9. Not implying anything.. merely asking a question..

:)