Being Factual

Just The Facts Ma'am, Just the Facts

Could This Happen if a President Were Impeached?

Summary:

If any President were to be impeached, convicted, and removed from office, would the Vice President be able to move into the position of President, pardon the President, appoint him as Vice President, then step down making the former President president again

This post is somewhat related to the last post, about Obama being Vice President, as it covers some of the same topics, and some new ones. The first part of this picture is covered here, by this article on the impeachment process and requirements,

Next is “Pence takes over”, this is what would happen in the case of the President leaving office regardless of reason, as explained in three different sections of the Constitution

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

ARTICLE II, SECTION 1, CLAUSE 6

 

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 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.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Amendment XX

 

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Amendment XXV

 

The next part says “pardons Trump” meaning pardoning a president who was impeachment. This part would be the first of a few problems with this, the President has nearly unlimited pardon power for federal crimes, but the one thing the Constitution prohibits, is the power to pardon impeachments.

The President…shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

ARTICLE II, SECTION 2, CLAUSE 1

The next part says “Pence appoints Trump as Vice President” while we already know this wouldn’t be possible because of the requirements of the office of Vice President described in the Joe Biden / Obama Article from before, there is also a caveat on the President “appointing” a Vice President. The 25th Amendment explains how a new Vice President is selected:

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Amendment XX

So Pence can choose who he wants to be the next VP, but Congress would have to approve his choice.

Sources: US Constitution


Sponsored Reading

OBSCURE SIGNIFICANCE: The Vice Presidency and the Presidential Line of Succession


By (author): Michael A. Ireland

The story of the history of the U.S. Vice Presidency and of the U.S. Presidential Line of Succession.
List Price:$18.00 USD
New From:$18.00 USD In Stock

Leave a Reply

Your email address will not be published. Required fields are marked *

Being Factual © 2016
web stats