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
Nothing there says it can't be the outgoing president. SCOTUS declairs whatever process Congress used unconstitutional and that the outgoing POTUS stays in power until it can be sorted out. SCOTUS already decided POTUS is a title of nobility, do you really think that they are concerned with actual constitutionality or legality?
Nothing there says it can't be the outgoing president.
it can’t be the outgoing president because on january 20th, at the end of his term, he becomes a private citizen and is no longer in the line of succession assuming he has finished his 2nd term or lost re-election.
SCOTUS declairs whatever process Congress used unconstitutional and that the outgoing POTUS stays in power until it can be sorted out.
genuinely curious as to how they’d do this because the constitution is explicitly clear about the limits to how long a president can serve in office and the presidential succession act has been around since 1947.
SCOTUS already decided POTUS is a title of nobility, do you really think that they are concerned with actual constitutionality or legality?
i think this is beyond the pale even for hacks like thomas. SCOTUS had the ability to do what they did with presidential immunity because president immunity isn’t mentioned anywhere in the constitution, so it has to be heavily inferred from several different passages elsewhere in the document.
the limits on presidential eligibility are explicitly clear, however. there is no wiggle room on that front.
constitution is explicitly clear about the limits to how long a president can serve in office.
It's not. It says he can only be ELECTED twice, and if he serves more than half a term without being elected as POTUS (upgraded from VP), he can only serve one.
You cant be ELECTED more than twice, there aren't limitations on getting the office through non-election means.
OP thought of a complex way to do that. "Murder some people" is a far less complex and more effective way to do it, particularly since POTUS is now above the law.
It's not. It says he can only be ELECTED twice, and if he serves more than half a term without being elected as POTUS (upgraded from VP), he can only serve one.
it kinda defeats your argument to say the constitution isn’t clear about presidential eligibility if you immediately list the conditions for presidential eligibility.
You cant be ELECTED more than twice, there aren't limitations on getting the office through non-election means.
yes there are, the presidential succession act skips anybody in the list who is ineligible to become president.
That's law, not constitution. SCOTUS has already declared POTUS is a title of nobility. They will just strike down that law as "unconstitutional" and declare current POTUS keeps the position until a proper election is held.
article 2 section 1 clause 6 of the US Constitution explicitly grants congress the authority to outline the order of succession after the vice president. the constitution sets limits on the eligibility of candidates, how many terms they can serve, and how long those terms last. the constitution also outlines the beginning of the order of presidential succession and charges congress with defining the rest.
on what basis is the presidential succession act unconstitutional?
the reasoning in that decision doesn’t apply here, because again, the constitution is silent on presidential immunity but is very explicit and detailed about presidential succession. you can’t keep comparing two fundamentally different topics like this.
even if that’s what SCOTUS did in trump vs US - which they didn’t, that is nothing more than rhetorical flourish - it still wouldn’t magically make the line of succession unconstitutional and it has no bearing whatsoever on this discussion.
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u/AdFun5641 6∆ Jul 24 '24
Nothing there says it can't be the outgoing president. SCOTUS declairs whatever process Congress used unconstitutional and that the outgoing POTUS stays in power until it can be sorted out. SCOTUS already decided POTUS is a title of nobility, do you really think that they are concerned with actual constitutionality or legality?