This is subject to congressional approval. One Facebook user shared the inaccurate post with the caption, “This is why Nancy cares about the 25th Amendment.”īut Pelosi does not stand to be automatically promoted to vice president should Biden win and be unable to complete his term, or if Trump were to be unable to serve out his term. The original Constitution allowed for the vice president to become acting president if the president died, resigned or became debilitated, but it didn’t state who had the power to declare the. Who becomes Vice President if the President dies The new president appoints someone to fill his or her old position. Deane School of Law at Hofstra University. What happens if the vice president dies while in office The president nominates a new vice president who then must be confirmed by a majority vote in both. (2) When the Vice-President, while discharging the functions of the President, dies, resigns, or is.
“In a scenario where Kamala Harris succeeded Joe Biden due to a Biden death or incapacity, Harris would nominate a new VP who would need to be confirmed by both the House and the Senate,” said James Sample, a professor at Maurice A. article 65 of the Constitution, whichever is earlier.
Section 2 of the 25th Amendment to the Constitution spells out this rule. “Instead what happens is the new president picks someone to be the new vice president, and a simple majority of both houses have to approve,” Levinson said. By Angelo Fichera Posted on SeptemQuick Take A viral Facebook post wrongly suggests that if Joe Biden were to become president and later step down, Nancy Pelosi would become vice. That is not what the constitution provides.” precedent that when the President dies, the Vice-President becomes. “It is not like the president resigns and then everybody moves up one seat. devolve on the Vice President, and the Congress may by Law provide for the Case. “It is not musical chairs,” Jessica Levinson, professor at Loyola Law School in Los Angeles, told The Associated Press. investigations when a threat to a protectee is determined to be imminent. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. But while the House speaker is second in line for the presidency, that position is not first in line for the vice presidency. Congress expanded coverage to include the Vice President (or the next officer.
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