Yes. The ticket got elected, not just orange turdsicle. Succession applies here.
this post was submitted on 18 Nov 2024
149 points (93.6% liked)
No Stupid Questions
42297 readers
1017 users here now
No such thing. Ask away!
!nostupidquestions is a community dedicated to being helpful and answering each others' questions on various topics.
The rules for posting and commenting, besides the rules defined here for lemmy.world, are as follows:
Rules (interactive)
Rule 1- All posts must be legitimate questions. All post titles must include a question.
All posts must be legitimate questions, and all post titles must include a question. Questions that are joke or trolling questions, memes, song lyrics as title, etc. are not allowed here. See Rule 6 for all exceptions.
Rule 2- Your question subject cannot be illegal or NSFW material.
Your question subject cannot be illegal or NSFW material. You will be warned first, banned second.
Rule 3- Do not seek mental, medical and professional help here.
Do not seek mental, medical and professional help here. Breaking this rule will not get you or your post removed, but it will put you at risk, and possibly in danger.
Rule 4- No self promotion or upvote-farming of any kind.
That's it.
Rule 5- No baiting or sealioning or promoting an agenda.
Questions which, instead of being of an innocuous nature, are specifically intended (based on reports and in the opinion of our crack moderation team) to bait users into ideological wars on charged political topics will be removed and the authors warned - or banned - depending on severity.
Rule 6- Regarding META posts and joke questions.
Provided it is about the community itself, you may post non-question posts using the [META] tag on your post title.
On fridays, you are allowed to post meme and troll questions, on the condition that it's in text format only, and conforms with our other rules. These posts MUST include the [NSQ Friday] tag in their title.
If you post a serious question on friday and are looking only for legitimate answers, then please include the [Serious] tag on your post. Irrelevant replies will then be removed by moderators.
Rule 7- You can't intentionally annoy, mock, or harass other members.
If you intentionally annoy, mock, harass, or discriminate against any individual member, you will be removed.
Likewise, if you are a member, sympathiser or a resemblant of a movement that is known to largely hate, mock, discriminate against, and/or want to take lives of a group of people, and you were provably vocal about your hate, then you will be banned on sight.
Rule 8- All comments should try to stay relevant to their parent content.
Rule 9- Reposts from other platforms are not allowed.
Let everyone have their own content.
Rule 10- Majority of bots aren't allowed to participate here. This includes using AI responses and summaries.
Credits
Our breathtaking icon was bestowed upon us by @Cevilia!
The greatest banner of all time: by @TheOneWithTheHair!
founded 2 years ago
MODERATORS
According to the National Archives, it seems like succession might not necessarily apply and would likely be argued over by lawyers should he die before the Electoral College meets. I'll paste their text below, and I pasted the link in a separate answer
What happens if a candidate dies or becomes incapacitated?
There is no Federally-required process to follow if a candidate who is projected to receive electoral votes dies or becomes incapacitated between the general election and the meeting of electors. However, individual States may have their own requirements that govern how electors must vote at the meeting of the electors. In 1872, when Horace Greeley passed away between Election Day and the meeting of electors, the electors who were slated to vote for Greeley voted for various candidates, including Greeley. The votes cast for Greeley were not counted due to a House resolution passed regarding the matter. See the full Electoral College vote counts for President and Vice President in the 1872 election.
We don’t know what would happen if a candidate who, dies after or becomes incapacitated between the meeting of electors and the counting of electoral votes in Congress.
The Constitution is silent on whether this candidate meets the definition of “President elect” or “Vice President elect.” If the candidate with a majority of the electoral votes is considered “President elect” before the counting of electoral votes in Congress, §3 of the 20th Amendment applies. That section states that the Vice President elect will become President if the President-elect dies or becomes incapacitated.
If a winning Presidential candidate dies or becomes incapacitated between the counting of electoral votes in the Congress and the inauguration, the Vice President-elect becomes President, according to §3 of the 20th Amendment.
So they would vote for Vance in that case, which is technically successional.
Probably, but they aren't required to
Not necessarily. If it's after the electoral votes are cast, then yes, definitely.
But the electors are bound by different rules, set by their respective states, on how they would vote if Trump died before then.
Technically it would be suck-sectional.
Suck Sectional is the name of the couch that Vance wishes could be Second Lady
I'm not sure how there's much of any argument for it. It's pretty clear that a person only officially becomes vice/president-elect after being voted for in the EC.
Though what happens it the EC elects a dead man? Many states REQUIRE their electors to vote as told. Probably would see more state level law crises at that point. Resolutions to make the electors vote for the VP candidate if the presidential one dies.
i remember looking that stuff up before... iirc, vance would not enter the line of succession until the congressional count of electoral votes in early january.
Which again, is inevitable. Good luck getting the Supreme Court to rule against the Republicans if this happened. The ticket was on the ballot, not the individual candidate for President.
Others have explained that it depends on when, but I want to add this: when a VP becomes pres. through succession, the speaker does not become VP automatically. The new pres. picks whoever they want. Ford chose the governor of NY, for example.
Don't know, but I like your thinking.
How many folks do we have to sniper before we get to someone who isn't a fascist?
At least 3
I wouldn't hold my breath. Dudes been scarfing down cheeseburgers most of his life, and hasn't died yet.
Two assassination plots though, and that was before his presidency was assured. I’m not hoping, I’m not calling for it. But the impulse definitely seems to be out there to pop a cap in this man.
There is never a path for the speaker of the house to become vice president. Either the President and Vice President are dead and he's president, or he's still just the speaker.
As others have pointed out, before or after the electoral count is completed, makes a minor difference. It would be interesting to watch it play out.
Unless of course the VP dies and the President nominated the speaker as the VP and was confirmed
Strangely, it sort of depends on when. If he dies before the EC meets, it's up for lawyers to argue, from my reading of the text.
It has never happened before, so we don't really know. What I think would happen is that Vance would just get immediately sworn in as the President on Jan 20 if God exercises His Ultimate Veto on Trump's second term.
But the Presidential Succession Act only covers vacancies for the Presidency. Once the office of the President is filled again, nothing else happens. It's not like everyone else "moves up" a slot. Mike Johnson would probably see the VP position as a demotion honestly.
The Office of the VP would remain vacant until President Vance nominates a candidate, and then it must be approved by both houses of Congress in order for the position to be filled.
And it isn't a hard rule the President has to nominate a VP, although that makes some things more difficult.
Yes, the VP position can remain vacant indefinitely, or at least until the end of a term when another VP can be elected through the normal process. The only thing that is lost is the tiebreaking vote. Well, and the fact that if the President has a colonoscopy and is put under sedation nobody is available to be acting President. I don't think the House Speaker is able to take that job for just a few hours like the Vice President can.
Kamala Harris was actually Acting President for 85 minutes in 2021, ~~and probably at least once after that.~~
https://www.cnn.com/2021/11/19/politics/kamala-harris-presidential-power/index.html
(nope, she did it just that once. https://en.m.wikipedia.org/wiki/Acting_President_of_the_United_States )
Vance would be sworn in as president and then pick a VP to be nominated by Congress. The Speaker wouldn't move up to VP, they would find a new number 2.
Mike would be sworn in, if Trump takes Vance out while he has his heart attack.
That's only after the electoral college votes.
Probably. Republicans would fight tooth and nail to stay in power. And with the House and Senate, plus Supreme Court on thier side it wouldn't even be a contest.
Johnson doesn't just move up into a new job. They'd have to pick a new vice president. They could pick Johnson I suppose, I don't know why he would want to be the vice president when he is Speaker of the House though. Now the question is how they pick a new vice president, because I don't believe there's any precedent to guide that. Would they have to nominate one in Congress and have them vote on him? That's what they would do if the vice president already been sworn in, but since he wouldn't have been at that point I don't know there's any real way of knowing. You can make an argument that the RNC would be able to just name one, but again there's no precedent.
I figured it's Johnson because it's always Johnson... Andrew Johnson after Lincoln and Lindon B. after JFK
The accepted wisdom is yes. The people voted for the VP already and that is honored. Worst case scenario is the election ends up in Congress where Vance would win anyways.
Is that better? That fuckfacescara is more competent than the Twinkie