If the Vice President dies..........Some questions..........

[Lincoln Republican]

The Vice President dies.

One week later the President nominates a new Vice Presidential nominee.

One week after that the President dies.  The confirmation hearings for the Vice Presidential nominee had begun but had not been concluded before the President died.

1.  The Speaker of the House becomes President or Acting President upon the death of the President due to the fact the deceased President's Vice Presidential nominee has not been confirmed prior to the death of the President.  Correct?

2.  Would the confirmation hearings for the deceased President's Vice Presidential nominee continue to their conclusion?

OR

3.  Would the Speaker who became the President have the right to nominate his/her own Vice Presidential nominee for confirmation hearings?

IF

4.  If the hearings had continued for the deceased President's nominee for Vice President and he/she was confirmed, would he/she then have a claim on the Presidency, since the Speaker of the House had already previously been sworn in as President?

Please discuss the above questions.  

[True Federalist (진정한 연방 주의자)]

The constitution makes no provision for the withdrawal of a nomination once submitted, so unless the nominee declines as a result of the changed circumstances, Congress would still act on the nomination.  As to what happens otherwise, it depends upon whether a Vice President-nominee counts as a Vice President-elect for the purposes of 3 USC 19(c)(1).  If he does, then once the nominee is confirmed, the former Speaker is no longer Acting President and the Vice President becomes President.  If he does not, then once the nominee is confirmed the former Speaker remains President and does not get to nominate a Vice Presidential of his own.  Of course, if the nominee is not confirmed or he declines to continue the nomination then the ex-Speaker would be President and get to nominate a Vice President of his own choosing.

3 USC 19(c)(1) predates the 25th Amendment being originally passed as PL 80-199 (61 Stat. 380) in 1947 and then included in the codification of Title 3 of the US Code in 1948, so it is not absolutely clear whether a Vice President-nominee counts as Vice President-elect for purposes of 3 USC 19.  The language indicates that elect status is not limited to someone who has been confirmed by Congress either by counting the electoral votes or by means of a contingent election.  Indeed, the language is written to explicitly deal with the case where a disputed election prevents there being a President- or Vice President-elect and allow for an Acting President who serves only until the dispute is resolved.

It might be best under the circumstances for Congress to reject the pending nomination merely to make unambiguous who is the rightful President.

[Lincoln Republican]

Thank you Federalist.

That sheds a great deal of clarification on this situation.

I am most impressed with your constitutional expertise.