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Redstone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 03:41 PM
Original message
Question for DU experts on the US Constitution:
I'm kind of ashamed that I don't know the answer to this question (although nobody else seems to know either), and that I'm too lazy to go through the copy of the Constitution contained in several of my dictionaries, but I'll ask anyway:

If a President-elect dies after the election, but before the Inauguration, does the Vice-President-Elect go on to be President on Inauguration Day, or is there a new election?

I absolutely KNOW there are numerous someones on DU who know the answer.

Thanks in advance,

Redstone
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Pyrzqxgl Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 03:44 PM
Response to Original message
1. Yes,
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GodlessBiker Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 03:45 PM
Response to Original message
2. There is no president-elect until the Electoral College meets and votes.
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Redstone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 03:50 PM
Response to Reply #2
4. But when they do meet and vote, are they bound by tradition (if nothing else)
to elect the winning VP candidate, or do they have the power and / or tradition and / or duty to call a new election?

Redstone
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TygrBright Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 03:47 PM
Response to Original message
3. Google "Constitution" and "United States"
There are several sites that have the whole Constitution, verbatim, available for perusal.

Then you'll really KNOW the answer.

helpfully,
Bright
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Bucky Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 03:51 PM
Response to Original message
5. he's only informally called the President-Elect before the EC meets.
Between election day and the meeting of the EC, it's up to the electors who to cast their votes for. Almost certainly they would go ahead and vote for Palin or Biden. Maybe I'm just kidding about the Palin part. But legally speaking, they could come up with whoever they wanted. Occasionally it happens that a "rogue" Elector casts an off ballot even with a still living candidate, despite a few states having "faithful presidential elector" laws. I doubt breaking those laws is actionable by the courts. If the nominee is dead, it could turn into a free for all.

After teh EC has its 51 meetings, the VP would take the top slot and appoint her own replacement, Todd, as directed by the 22nd Amendment.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 03:52 PM
Response to Original message
6. The VP - but we don't actually elect the president and vice president.
If after the electoral college has dutifully elected the winner president, the President elect dies then the VP takes over as explicitly stated in the 20th amendment:

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.
http://www.usconstitution.net/const.html#Am20

The sections that pertain:

Article 2 Section 1: http://www.usconstitution.net/const.html#A2Sec1

12th amendment: http://www.usconstitution.net/const.html#Am12
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Redstone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 03:55 PM
Response to Reply #6
7. Thanks, WS (and Bucky). I knew some DUers would know the facts.
Redstone
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