General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf Pence gets sick& can't take over if need be, Nancy has to resign speaker to take over POTUS.
Just saying...sure are a lot of potential moving pieces in this chess game.
Remember that West Wing episode when Bartlett's daughter was kidnapped and there was no VP, so speaker of the house had to take over?
progressive nobody
(816 posts)one position at a time.
Amaryllis
(9,526 posts)lapucelle
(18,374 posts)She would only be assuming its powers as an acting president.
https://constitutioncenter.org/interactive-constitution/amendment/amendment-xxv
634-5789
(4,175 posts)WonderGrunion
(2,995 posts)It would be ironic if Amy Coney Barrett sunk her own nomination on a microscopic scale.
kurtcagle
(1,604 posts)Pence would become president. There's roughly four weeks between now and the election, so the likelihood of him getting sick (or worse dying) is very low. If it should, then yes, Nancy would have to resign as Speaker of the House to become the president, something which I suspect she would have no problem with - she is old enough that it would be a nice retirement present. If Biden wins, it's almost certain that she would work closely with Biden during the transition, and maybe even give a nice jumpstart to what would likely be a very tumultuous transition otherwise.
lapucelle
(18,374 posts)Additionally, is it necessary for an acting president (as opposed to a president who succeeded to the actual office) to resign from Congress?
Lochloosa
(16,076 posts)If the president can't fulfill the duties, pence is president. If he can't fulfill the duties, Nancy is president. Lines of succession. There is not an acting President in the constitution.
lapucelle
(18,374 posts)It's in the 25th amendment.
Section 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.
It is only when the president dies or is removed from office that that the Vice President becomes President.
Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
https://constitutioncenter.org/interactive-constitution/amendment/amendment-xxv
https://www.law.cornell.edu/constitution/amendmentxxv
Lochloosa
(16,076 posts)lapucelle
(18,374 posts)I only just read the actual amendment myself today.
I was wondering why neither Bush nor Cheney had to resign the vice presidency when they temporarily took over for an incapacitated president.
Lochloosa
(16,076 posts)LisaL
(44,975 posts)Pence is likely to have only mild symptoms even if he were to get covid.
mercuryblues
(14,552 posts)Lochloosa
(16,076 posts)mercuryblues
(14,552 posts)beachbumbob
(9,263 posts)not clear what the question or concern is
Amaryllis
(9,526 posts)will be very interesting to see how it all plays out.
beachbumbob
(9,263 posts)lapucelle
(18,374 posts)The Speaker would be assuming the powers and the duties of the presidency, not the office itself.
Jim__
(14,090 posts)She'll have much more power than she has now. Moscow Mitch would be totally impotent.
Always Randy
(1,060 posts)Nancy could step down temporally---the House appoints Biden Speaker---he assumes the Presidency-appoints Harris as VP--Nancy gets reelected to Speaker ---EZPZ-------and this is what might happen ---if the GOP Senate is sick ----maybe AOC could be appointed to SCOTUS
The Constitution does not require the speaker to be an incumbent member of the House of Representatives, although every speaker thus far has been.[4] The speaker is second in the United States presidential line of succession, after the vice president and ahead of the president pro tempore of the Senate.[2]