https://www.politico.com/news/magazine/2020/10/02/pence-trump-covid-coronavirus-sick-425329?cid=apn
I used to think the succession lines if a president is incapacitated or dies were clear. Not so much.
The article is fascinating in two ways.
First, the actual lines are not clear. Most of us assumed VP, Speaker of the House, president of Senate pro tempore, then a line of cabinet (Senate approved, not interim) officials starting with State and the in order of creation.
Next, however, is Congress the right place for presidential succession since they are not the Executive Branch and we should not mix Constitutional structures?
There are norms not codified in our government. When you get a norm breaking president like Trump, they become very visible and problematic.
it seems to me that, simply put, our Government is based on a lot of assumptions. We know that “assume” is spelled ASS U and ME.
I’m sure many of us were under the impression the 25th Amendment corrected the ambiguity of the 18th and 19th centuries.
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So did I. But the article points out a lot of problem areas. That means litigation.
The impeachment pointed out a lot of ambiguity in our constitution.
And that, to me, throws into question the value of textualism as a viable base for decision making.
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Interesting article. It should be noted that a formal continuity of government plan is in place, which would have the force of law until such time as any constitutional issues could be raised and resolved.
https://whitehouse.gov1.info/continuity-plan/
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True, there is a plan. The problem is Constitutional with regards to the Speaker and the Senate pro tem.
You can bet big bucks that would be challenged if Pence gets sick and Pelosi takes the helm.
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RE: “The problem is Constitutional with regards to the Speaker and the Senate pro tem”
You’re missing the point. The plan would apply until the constitutional issues were resolved..
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With Pelosi at the helm we’ll be in court for the whole term. 😇
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Sounds good to me. That would keep her away from the gavel.
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Litigation — The American Way.
Make the laws ambiguous enough that the courts have to do the heavy lift, but then, if you don’t like the results, you don’t have to change the law, just the justices.
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