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drray23

(7,627 posts)
3. there are 53 gop senators.
Sat Oct 3, 2020, 12:12 PM
Oct 2020

so you would need four to be able to win votes.
mcconnel still would be in charge.

Statistical

(19,264 posts)
5. Four. The Republicans currently have 53 senators and the VP breaks any ties.
Sat Oct 3, 2020, 12:15 PM
Oct 2020

As a hypothetical if the 25th was invoked and Pence became POTUS it would be only 3 because there would be no VP (until confirmed by the Senate) and thus any tied votes with 50 yays wouldn't pass.

On edit: no under 25th he would only be acting President and still would be VP.

exboyfil

(17,863 posts)
6. Pence would still be VP
Sat Oct 3, 2020, 12:22 PM
Oct 2020

He would only be acting as President until the President is ready to assume his "duties" again. He would still retain the title and powers of VP. The only way he doesn't is if Trump is impeached, resigns or dies.

exboyfil

(17,863 posts)
8. I don't read it that way
Sat Oct 3, 2020, 12:29 PM
Oct 2020

The 25th clearly states the VP is Acting President and the President can petition Congress to return to his position. If he could nominate and have another confirmed as VP, then he would theoretically be out of a job when the President petitions to assume his duties once again.

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.

Statistical

(19,264 posts)
9. You are correct. It was misreading on my part. Thanks for the clarification.
Sat Oct 3, 2020, 12:31 PM
Oct 2020

So it requires 4 senators regardless.

tritsofme

(17,377 posts)
10. Democrats do not "gain control" when a certain number of members are absent.
Sat Oct 3, 2020, 12:34 PM
Oct 2020

Senate control is determined by the organizing resolution passed at the beginning of the Congress, it doesn’t flip because a few members are absent.

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