Does an acting president complete the term? (user search)
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  Does an acting president complete the term? (search mode)
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Author Topic: Does an acting president complete the term?  (Read 3316 times)
Slander and/or Libel
Figs
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Posts: 2,338


Political Matrix
E: -6.32, S: -7.83

« on: January 29, 2016, 11:24:37 AM »

I suppose it depends on the meaning of "shall" in the second section of the 25th Amendment:

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Would an acting president be violating the Constitution by simply refusing to nominate a vice president?
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Slander and/or Libel
Figs
Sr. Member
****
Posts: 2,338


Political Matrix
E: -6.32, S: -7.83

« Reply #1 on: January 29, 2016, 03:17:58 PM »

I believe the US Code makes clear that if, the Speaker or President Pro Tempore of the Senate becomes Acting President and appoints a Vice President, that the Vice President would immediately become President. It also makes clear that if the line of succession descends into the cabinet, and then later a Speaker or President Pro Tempore of the Senate should qualify, then the Speaker or PPT would supplant the cabinet member as Acting President.
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Slander and/or Libel
Figs
Sr. Member
****
Posts: 2,338


Political Matrix
E: -6.32, S: -7.83

« Reply #2 on: January 29, 2016, 09:02:07 PM »

You're right, I had misread section (c)(1), thinking "qualifies" would apply to a Cice President appointed by the Acting President.

Isn't the office of the presidency technically vacant while there is an acting president due to the death of the president, though? If not, then why does the acting president never get to assume the actual title? Perhaps that's just semantics, but I can't help but think that the distinction matters.
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