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Old March 12, 2020, 08:48 PM   #35
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 14,204
Quote:
Originally Posted by Paul B.
Frankly, Biden seems to be slipping mentally (Alzheimer's?) and I would not be all that surprised that a month or two after the inauguration he states that he is resigning from the presidency for reasons of health. If the dems hold the House, the wouldn't Pelosi be in line as the replacement VP?
No. It's covered in the 25th Amendment to the Constitution:

https://www.usconstitution.net/xconst_Am25.html

Quote:
Amendment 25 - Presidential Disability and Succession

1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
This is how Ford became President. Nixon's VP, Spiro T. Agnew, resigned from office and Nixon named Ford as the replacement. Then Nixon resigned, so Ford became President. Ford was not the Speaker of the House at the time, he was the House minority leader.

When Ford became President, he named Nelson Rockefeller as his VP. Rockefeller also was not the Speaker of the House. If Biden were to be elected and then bow out, the replacement President could nominate Pelosi as the new VP, but it wouldn't be automatic.
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