Constitutional question

[Lincoln Republican]

Aug 9 1974 President Richard Nixon resigns from office.

Aug 9 1974 Vice President Gerald Ford becomes President.

Aug 20 1974 Ford nominates Nelson Rockefeller for Vice President.

Questions:

1.  If President Ford were to have died prior to Rockefeller's confirmation being completed, would House Speaker Carl Albert then become Acting President or would he become President?

2.  Would Congress be legally permitted to carry on with the Rockefeller confirmation process for Vice President, and upon the confirmation of Rockefeller as Vice President, he is sworn in as Vice President, then sworn in as President? 

3.  Or would the Rockefeller confirmation process be halted, and the new President Carl Albert would nominate his own pick for Vice President?

Your feedback please. 

Thank you.

[True Federalist (진정한 연방 주의자)]

It hinges upon whether the nomination of Rockefeller makes him Vice President-elect for purposes of 3 U.S.C. 19, or an officer nominated and confirmed by the Senate (not withstanding that the 25th Amendment calls for confirmation by both Houses).

If it is the former, then the confirmation process continues and if confirmed, Rockefeller takes office. Since it would only be a temporary stint as Acting President that would require him to leave Congress, then both Speaker Albert and PPT Eastland might decline to take office, leaving it to Treasury Secretary Simon (Secretary of State Kissinger being ineligible) to be Acting President.

If it is the latter then Rockefeller is not part of the line of succession, and Albert would take office as President for the remainder of the term and he could then nominate his own choice to be Vice President.

It's not explicit which should be the case, but the latter is both simpler and takes into consideration that when 3 USC 19 was enacted in 1948, there were no offices in the line of succession which required both Houses to confirm.

[MASHED POTATOES. VOTE!]

I think it would be in Albert's right to withdraw Rockefeller's nomination.

Albert made it very clear if he's somehow propelled into the Presidency, he would serve as Acting President only and resign once the new Republican VP is confirmed. I can see him nominating someone else than Rockefeller, but it's all academic.

As of whether someone else than VP becoming President or merely Acting President via succession, it's never been tested. I've heard various theories not just about the title, but term length as well.

[MASHED POTATOES. VOTE!]

If it is the former, then the confirmation process continues and if confirmed, Rockefeller takes office. Since it would only be a temporary stint as Acting President that would require him to leave Congress, then both Speaker Albert and PPT Eastland might decline to take office, leaving it to Treasury Secretary Simon (Secretary of State Kissinger being ineligible) to be Acting President.

Can one refuse to take office in such situation? Doesn't a presidential tenure automatically starts when the previous one is out of office? I mean, wasn't Ford already the President since Nixon's resignation took effect, even though it took some minutes for him to swear in? Of course both could resign in mere moments.

[○∙◄☻¥tπ[╪AV┼cVê└]

If it is the former, then the confirmation process continues and if confirmed, Rockefeller takes office. Since it would only be a temporary stint as Acting President that would require him to leave Congress, then both Speaker Albert and PPT Eastland might decline to take office, leaving it to Treasury Secretary Simon (Secretary of State Kissinger being ineligible) to be Acting President.

Can one refuse to take office in such situation? Doesn't a presidential tenure automatically starts when the previous one is out of office? I mean, wasn't Ford already the President since Nixon's resignation took effect, even though it took some minutes for him to swear in? Of course both could resign in mere moments.

The Vice President's job (besides presiding over the Senate) is to become President if there's a vacancy. The swearing is just a formality. It seems unclear whether someone can decline.

[MASHED POTATOES. VOTE!]

If it is the former, then the confirmation process continues and if confirmed, Rockefeller takes office. Since it would only be a temporary stint as Acting President that would require him to leave Congress, then both Speaker Albert and PPT Eastland might decline to take office, leaving it to Treasury Secretary Simon (Secretary of State Kissinger being ineligible) to be Acting President.

Can one refuse to take office in such situation? Doesn't a presidential tenure automatically starts when the previous one is out of office? I mean, wasn't Ford already the President since Nixon's resignation took effect, even though it took some minutes for him to swear in? Of course both could resign in mere moments.

The Vice President's job (besides presiding over the Senate) is to become President if there's a vacancy. The swearing is just a formality. It seems unclear whether someone can decline.

I guess it would need a creation of precedent by the first to face these circumstances, like with the Tyler precedent, which wasn't formalized until the 60s.

[True Federalist (진정한 연방 주의자)]

If it is the former, then the confirmation process continues and if confirmed, Rockefeller takes office. Since it would only be a temporary stint as Acting President that would require him to leave Congress, then both Speaker Albert and PPT Eastland might decline to take office, leaving it to Treasury Secretary Simon (Secretary of State Kissinger being ineligible) to be Acting President.

Can one refuse to take office in such situation? Doesn't a presidential tenure automatically starts when the previous one is out of office? I mean, wasn't Ford already the President since Nixon's resignation took effect, even though it took some minutes for him to swear in? Of course both could resign in mere moments.

3 USC 19 requires those in the line of succession after the Vice-President to actively accept the office.  The Speaker becomes President only upon his resignation as Speaker.  The same is true for the President pro tempore.  Even cabinet officials only become President (acting or permanent) upon taking the oath of office.  It's clear to me that the intent was to allow those in the line of succession to refuse the honor, especially if it's only to be a temporary acting President.

[Slander and/or Libel]

It hinges upon whether the nomination of Rockefeller makes him Vice President-elect for purposes of 3 U.S.C. 19, or an officer nominated and confirmed by the Senate (not withstanding that the 25th Amendment calls for confirmation by both Houses).

If it is the former, then the confirmation process continues and if confirmed, Rockefeller takes office. Since it would only be a temporary stint as Acting President that would require him to leave Congress, then both Speaker Albert and PPT Eastland might decline to take office, leaving it to Treasury Secretary Simon (Secretary of State Kissinger being ineligible) to be Acting President.

If it is the latter then Rockefeller is not part of the line of succession, and Albert would take office as President for the remainder of the term and he could then nominate his own choice to be Vice President.

It's not explicit which should be the case, but the latter is both simpler and takes into consideration that when 3 USC 19 was enacted in 1948, there were no offices in the line of succession which required both Houses to confirm.

Wouldn't Albert take office as Acting President? If he wanted to continue being Acting President, it would be in his interests to never nominate a Vice President, right? Wouldn't a sitting Vice President then immediately assume the Presidency upon confirmation?

[True Federalist (진정한 연방 주의자)]

It hinges upon whether the nomination of Rockefeller makes him Vice President-elect for purposes of 3 U.S.C. 19, or an officer nominated and confirmed by the Senate (not withstanding that the 25th Amendment calls for confirmation by both Houses).

If it is the former, then the confirmation process continues and if confirmed, Rockefeller takes office. Since it would only be a temporary stint as Acting President that would require him to leave Congress, then both Speaker Albert and PPT Eastland might decline to take office, leaving it to Treasury Secretary Simon (Secretary of State Kissinger being ineligible) to be Acting President.

If it is the latter then Rockefeller is not part of the line of succession, and Albert would take office as President for the remainder of the term and he could then nominate his own choice to be Vice President.

It's not explicit which should be the case, but the latter is both simpler and takes into consideration that when 3 USC 19 was enacted in 1948, there were no offices in the line of succession which required both Houses to confirm.

Wouldn't Albert take office as Acting President? If he wanted to continue being Acting President, it would be in his interests to never nominate a Vice President, right? Wouldn't a sitting Vice President then immediately assume the Presidency upon confirmation?

He'd be Acting President only if Rockefeller would be considered Vice President-elect. If Albert got to nominate his own choice, then Albert would take office as President and serve until the of the term.