The Trump Impeachment Thread

Quote: ams288

Pence would NOT want to be president for just a day or two... would mean he couldn’t run for two full terms some day. Just one.

I don't think this is true. LBJ took over for Kennedy, was elected to a full term, and had the option to run for a second full term, but declined to.

Quote: Wizard

I don't think this is true. LBJ took over for Kennedy, was elected to a full term, and had the option to run for a second full term, but declined to.

I also do not think he has a choice. I am fairly sure (somebody will probably correct me if wrong), if the President gets fully removed (dies, removed by legal means, suddenly resigns without notice etc...) the Vice President automatically assumes power, even if its for 1 hour. I don't think there is a choice to accept or decline (I would imagine he could then resign in turn, but he would still be President until that occurs). I believe at that point the swearing in becomes just ceremonial, the VP becomes President for all legal purposes the instant President is "removed".

Quote: Wizard

I don't think this is true. LBJ took over for Kennedy, was elected to a full term, and had the option to run for a second full term, but declined to.

The wording seems to be that you can only be "elected" President twice, but conceivably a President could end up serving almost 12 years, like if Biden died right away, Harris could still get elected two terms as well as serving out Biden's term.

Now that I said that, I'm confused. I just read a Vice is considered indirectly elected? Wouldn't that still be elected?

Quote: Gandler

I also do not think he has a choice. I am fairly sure (somebody will probably correct me if wrong), if the President gets fully removed (dies, removed by legal means, suddenly resigns without notice etc...) the Vice President automatically assumes power, even if its for 1 hour. I don't think there is a choice to accept or decline (I would imagine he could then resign in turn, but he would still be President until that occurs). I believe at that point the swearing in becomes just ceremonial, the VP becomes President for all legal purposes the instant President is "removed".

I agree with all that. I think even in the case of a normal election the swearing is just a formality.

Here is a question for the constitutional scholars. I believe that when George HW Bush was president he went under anesthesia (got it on my second guess) for about 8 hours. Was Quayle the president during those eight hours, or was he more like an "acting president."

Quote: rxwine

The wording seems to be that you can only be "elected" President twice, but conceivably a President could end up serving almost 12 years, like if Biden died right away, Harris could still get elected two terms as well as serving out Biden's term.

Two years is the cutoff. If she replaces Biden for more than two years, then she could only run for one full term. 22nd Amendment

Quote: Wizard

I agree with all that. I think even in the case of a normal election the swearing is just a formality.

Here is a question for the constitutional scholars. I believe that when George HW Bush was president he went under anesthesia (got it on my second guess) for about 8 hours. Was Quayle the president during those eight hours, or was he more like an "acting president."

Acting president. The POTUS, of his own accord, can confer upon his VP temporary duties of the POTUS in a case such as that.

WSJ editorial suggests Trump resign. Actually that's a pretty good option for Trump if he can wrangle an agreement of a pardon from Pence in the process. That's as close as he could come to anything close to a win win.

Quote: Wizard

I agree with all that. I think even in the case of a normal election the swearing is just a formality.

Here is a question for the constitutional scholars. I believe that when George HW Bush was president he went under anesthesia (got it on my second guess) for about 8 hours. Was Quayle the president during those eight hours, or was he more like an "acting president."

There is a term for acting for an temporarily incapacitated President. I think that is the right term that you said. Reagan had a similar situation after he was shot.

I am fairly sure that this does not count as "becoming President" (meaning you can still run for two full terms like Bush did even though he was acting President for Reagan at least once or twice).

I think sometimes it often transitions to becoming President (such as Johnson acting as President until it was determined that Lincoln would not recover, etc....).

Also, you are probably right that it is always ceremonial, I think at noon (or 1201 or whatever) the certified victor becomes President even if he did not show up to the inauguration. (In fact I am hearing that Biden may do a virtual inauguration for safety reasons, I am sure Trump will use this to brag about crowd size.....).