4 ms·

If we delay the election, which as the article says would require an act of congress, the constitution still requires the presidential and VP terms to end on Ja

by raldi 6y ago

If we delay the election, which as the article says would require an act of congress, the constitution still requires the presidential and VP terms to end on Jan 20, and congress can't change that. I'm no constitutional scholar, but I'm pretty sure that would make Speaker of the House Nancy Pelosi president.

tenuousemphasis 6y ago
Pelosi's term is up in January as well. best analysis I've seen is by LegalEagle. https://www.youtube.com/watch?v=yQLbNekBU1A https://www.youtube.com/watch?v=yQLbNekBU1A
- Simulacra 6y ago
  Pelosi does not have a term limit as Speaker. The 118th Congress will convene January 3, 2021, and the Speaker will be chosen by a majority vote. That is 17 days before the President is forced to leave office. For talking purposes since this all extremely theoretical, let's say there is no election and the office becomes vacant on January 20th. Instantly the Speaker becomes President due to the vacancy clause. That's why they swear in the Vice President before the President, just in case the guy dies in those few minutes between VP and Presidential swearing in. Edit: If the elections were cancelled, January 3rd would roll around and if no President, Representative, or Senator has been voted on it would likely fall to the President of the Senate - recall they have staggered terms.
vsareto 6y ago
This is what everyone's been saying, but they're trying to counter with written rules to a President that really doesn't respect them. Enforcement matters here. Until you see Pelosi with enforcement backing her and willing to remove Trump from office on Jan 20th, the result is uncertain.
- koheripbal 6y ago
  The US Military has already said that if needed, they will escort Trump out of the White House on the last day of his Presidency. They swear an oath to the Constitution before all.
  - dekhn 6y ago
    This. The federal apparatus will happily remove Trump from the White House, Jan 20. If they didn't, that would literally be justification for national protests and government toppling.
    - vsareto 6y ago
      > that would literally be justification for national protests and government toppling. Sorry, I wouldn't count on that any more. Plain-clothed officers picked people off the street in Portland and put them into unmarked vans. If that isn't the spark that caused protests and toppling, I don't believe that side has anyone to do the actual toppling. So who's going to rise up against Trump staying in office?

by raldi 6y ago

tenuousemphasis 6y ago

Pelosi's term is up in January as well. best analysis I've seen is by LegalEagle. https://www.youtube.com/watch?v=yQLbNekBU1A https://www.youtube.com/watch?v=yQLbNekBU1A

Simulacra 6y ago
Pelosi does not have a term limit as Speaker. The 118th Congress will convene January 3, 2021, and the Speaker will be chosen by a majority vote. That is 17 days before the President is forced to leave office. For talking purposes since this all extremely theoretical, let's say there is no election and the office becomes vacant on January 20th. Instantly the Speaker becomes President due to the vacancy clause. That's why they swear in the Vice President before the President, just in case the guy dies in those few minutes between VP and Presidential swearing in. Edit: If the elections were cancelled, January 3rd would roll around and if no President, Representative, or Senator has been voted on it would likely fall to the President of the Senate - recall they have staggered terms.

vsareto 6y ago

This is what everyone's been saying, but they're trying to counter with written rules to a President that really doesn't respect them. Enforcement matters here. Until you see Pelosi with enforcement backing her and willing to remove Trump from office on Jan 20th, the result is uncertain.

koheripbal 6y ago
The US Military has already said that if needed, they will escort Trump out of the White House on the last day of his Presidency. They swear an oath to the Constitution before all.
- dekhn 6y ago
  This. The federal apparatus will happily remove Trump from the White House, Jan 20. If they didn't, that would literally be justification for national protests and government toppling.
  - vsareto 6y ago
    > that would literally be justification for national protests and government toppling. Sorry, I wouldn't count on that any more. Plain-clothed officers picked people off the street in Portland and put them into unmarked vans. If that isn't the spark that caused protests and toppling, I don't believe that side has anyone to do the actual toppling. So who's going to rise up against Trump staying in office?