What if there is no President to swear in?

[Hoosierkav]

20th Amendment, Section 3: If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

So, to keep this from immediately getting to the "What will happen this election" phase right off the bat, if the Bush/Gore fiasco had continued on past January 20th at noon, Congress would have picked the new President, correct? How? Simple majority?

 

[david890]

20th Amendment, Section 3: If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

So, to keep this from immediately getting to the "What will happen this election" phase right off the bat, if the Bush/Gore fiasco had continued on past January 20th at noon, Congress would have picked the new President, correct? How? Simple majority?

As I read it, Congress (I'm assuming both houses) selects someone (doesn't say it has to be from within Congress) to act as President until such time that a President-elect or Vice Pres-elect is deemed qualified. Given the existing tradition of the Speaker of the House as 3rd in line should both the Prez and VP be killed, I suspect they'd go with that. Everyone can point and say "It's traditional!!" while they work out the issues, just so there's someone to take the hand-off of the "football".

It would likely be an open secret that nothing of significance gets passed while this chosen person is in power, nor any fundamental positions filled.


BTW, a new show on ABC with Kiefer Sutherland called "Designated Survivor" might shed some light on the issue. He plays a low-level Cabinet official who is stashed away by the Secret Service during a joint session of Congress. The Capital Bldg is bombed, with most folks killed. So, he is now the President, despite being well down the list of succession.

 

[Dead Duck]

Are you like planning something that we shouldn't know about?

 

[KG1]

This does seem odd.

 

[easy]

...He plays a low-level Cabinet official who is stashed away by the Secret Service during a joint session of Congress. The Capital Bldg is bombed, with most folks killed. So, he is now the President, despite being well down the list of succession.

This has been done before. Tom Clancy - Debt of Honor.

 

[Spear Dane]

This has been done before. Tom Clancy - Debt of Honor.

Indeed, the book where Jack goes from advisor to President. My favorite book of his due to...well anyone that's read it knows why. I am going to check out that show. The premise seems interesting. Like to see how they handle it.

 

[hoosierdoc]

I thought senate picked president and house picked VP, or is that backwards?

it was possible to have had Bush president and whoever dem VP was be VP

 

[Hoosierkav]

As I read it, Congress (I'm assuming both houses) selects someone (doesn't say it has to be from within Congress) to act as President until such time that a President-elect or Vice Pres-elect is deemed qualified. Given the existing tradition of the Speaker of the House as 3rd in line should both the Prez and VP be killed, I suspect they'd go with that. Everyone can point and say "It's traditional!!" while they work out the issues, just so there's someone to take the hand-off of the "football".

It would likely be an open secret that nothing of significance gets passed while this chosen person is in power, nor any fundamental positions filled.

<SNIP>

Therein lies the quandary--Congress chooses who they want (now, if we forward this to 2017, we'll have a new Congress). No public vote?

If we suppose that the Speaker is the chosen one... President Paul Ryan?

 

[hoosierdoc]

Succession I think is only for deaths in office, or inability to serve. After the term is up I think it falls on congress but I'm not 100% sure

 

[david890]

Succession I think is only for deaths in office, or inability to serve. After the term is up I think it falls on congress but I'm not 100% sure

The 20th deals with those not deemed qualified before the term expires, while the 25th deals with deaths-in-office and disabilities.

Per the original question, Congress would select the person, without a vote from the populace. Realistically, I think any question of qualifications would be dealt with long before Jan. 20th. There will be those who won't accept the results (Birthers), but we'll always have to deal with fringe groups. If Congress says "this person", that's it until the issue of the qualifications of the Prez-elect and/or VP-elect are settled.

How those issues are settled remains to be seen...

 

[YahwehsBattleAxe]

I think Trump needs to be extra-careful going up against the establishment. We all know Pence doesn't have the guts that Trump does...