SB - Presidential Succession Act of 2017

[Goldwater]

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Atlasian People's House of Representatives
Passed 6-0 in the Atlasian House of Representatives Assembled,

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[Associate Justice PiT]

     How does assuming the Interim Presidency affect the normal job duties of the officer selected for that role?

[Unconditional Surrender Truman]

     How does assuming the Interim Presidency affect the normal job duties of the officer selected for that role?

Per Section 2.ii, rules established under Section 1 mandating the president-designate resign their previous office also apply to the Interim Presidency.

[Anna Komnene]

What part of this is new?  Just the interim president part?  It seems like it could be abused to force the Speaker to resign.  The timing is kind of awkward too because the House and Senate would be involved in electing a Speaker and PPT at that time, so there would be no Speaker or PPT, just deans of the legislatures.

[Unconditional Surrender Truman]

What part of this is new?  Just the interim president part?

This bill is an updated and expanded version of the Presidential Succession Act passed last year, which in turn was an update to the Presidential Succession Act of 1947. Effectively, the only changes made were to add the Attorney General to the line of succession (that office did not exist when the 2016 bill was passed) and to clarify what happens when there is no president-elect or vice president-elect (Section 2). Most of the language in Section 1 is lifted from the Presidential Succession Act of 1947, which remains the status quo in the RL United States.

It seems like it could be abused to force the Speaker to resign.

I don't really understand what you mean by this. Are you suggesting that the SoFE would purposefully hold up the certification of the election to force the Speaker out of office? I don't see what anyone would gain from such an obvious abuse of power, especially considering vacancies in the House of Representatives are filled by appointment of the former representative's party. All things considered, I think the potential for abuse of power is much greater in a scenario where a single officer is both president and Speaker of the House.

The timing is kind of awkward too because the House and Senate would be involved in electing a Speaker and PPT at that time, so there would be no Speaker or PPT, just deans of the legislatures.

Well, yes; this is how I became president. In practice, the SoS would be first in line for the interim presidency in the event that there were no president-elect or vice president-elect on inauguration day. The respective deans of the House and Senate would be seventh and eight in line, as per Sections 1.iv and 1.v. I suppose you could state that explicitly if you want, but I don't really see the need, since it amounts to the same thing.

[Anna Komnene]

It seems like it could be abused to force the Speaker to resign.

I don't really understand what you mean by this. Are you suggesting that the SoFE would purposefully hold up the certification of the election to force the Speaker out of office? I don't see what anyone would gain from such an obvious abuse of power, especially considering vacancies in the House of Representatives are filled by appointment of the former representative's party. All things considered, I think the potential for abuse of power is much greater in a scenario where a single officer is both president and Speaker of the House.

What I mean is that it sounds like the President and Vice President could be awol (or refuse to swear in at the "appointed hour") which would force the interim president to take office.  Then the president swears in later and the interim president is out of luck.

[Associate Justice PiT]

It seems like it could be abused to force the Speaker to resign.

I don't really understand what you mean by this. Are you suggesting that the SoFE would purposefully hold up the certification of the election to force the Speaker out of office? I don't see what anyone would gain from such an obvious abuse of power, especially considering vacancies in the House of Representatives are filled by appointment of the former representative's party. All things considered, I think the potential for abuse of power is much greater in a scenario where a single officer is both president and Speaker of the House.

What I mean is that it sounds like the President and Vice President could be awol (or refuse to swear in at the "appointed hour") which would force the interim president to take office.  Then the president swears in later and the interim president is out of luck.

     I would hope that nobody would be that nefarious (but we should also prepare for such), but regardless we should probably include a clause that the officers can decline the role of Interim President, lest we should encounter a scenario where the Speaker of the House is randomly ejected.

[Unconditional Surrender Truman]

It seems like it could be abused to force the Speaker to resign.

I don't really understand what you mean by this. Are you suggesting that the SoFE would purposefully hold up the certification of the election to force the Speaker out of office? I don't see what anyone would gain from such an obvious abuse of power, especially considering vacancies in the House of Representatives are filled by appointment of the former representative's party. All things considered, I think the potential for abuse of power is much greater in a scenario where a single officer is both president and Speaker of the House.

What I mean is that it sounds like the President and Vice President could be awol (or refuse to swear in at the "appointed hour") which would force the interim president to take office.  Then the president swears in later and the interim president is out of luck.

But in such an event, there would still be a president-elect, so the line of succession would not be invoked.

[Anna Komnene]

It seems like it could be abused to force the Speaker to resign.

I don't really understand what you mean by this. Are you suggesting that the SoFE would purposefully hold up the certification of the election to force the Speaker out of office? I don't see what anyone would gain from such an obvious abuse of power, especially considering vacancies in the House of Representatives are filled by appointment of the former representative's party. All things considered, I think the potential for abuse of power is much greater in a scenario where a single officer is both president and Speaker of the House.

What I mean is that it sounds like the President and Vice President could be awol (or refuse to swear in at the "appointed hour") which would force the interim president to take office.  Then the president swears in later and the interim president is out of luck.

But in such an event, there would still be a president-elect, so the line of succession would not be invoked.

Oh I see what you mean now.  But what would happen in a situation where the pres/vp haven't sworn in for a few days?

Regardless, I like PiT's idea.  Having a line of succession is good, but if someone is going to be president for a long period of time, I think it would be best if that person actually wants to be president.

[Unconditional Surrender Truman]

It seems like it could be abused to force the Speaker to resign.

I don't really understand what you mean by this. Are you suggesting that the SoFE would purposefully hold up the certification of the election to force the Speaker out of office? I don't see what anyone would gain from such an obvious abuse of power, especially considering vacancies in the House of Representatives are filled by appointment of the former representative's party. All things considered, I think the potential for abuse of power is much greater in a scenario where a single officer is both president and Speaker of the House.

What I mean is that it sounds like the President and Vice President could be awol (or refuse to swear in at the "appointed hour") which would force the interim president to take office.  Then the president swears in later and the interim president is out of luck.

But in such an event, there would still be a president-elect, so the line of succession would not be invoked.

Oh I see what you mean now.  But what would happen in a situation where the pres/vp haven't sworn in for a few days?

Constitutionally, the president-elect and vice president-elect are presumed to be the legitimate claimants to their respective offices, irrespective of whether or not they have actually taken the oath of office. Accordingly, in a situation such as you describe, the presidency and the vice presidency would be considered "occupied" for the purposes of this legislation until (a) the president and vice president are formally inaugurated; (b) the president and/or vice president are impeached by the Senate; or (c) the president is removed by the cabinet per Article IV, Section 3, clause iii of the Constitution.

[Associate Justice PiT]

     I will propose an amendment, adding Section 2, Clause iii:

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[Unconditional Surrender Truman]

     I will propose an amendment, adding Section 2, Clause iii:

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I'm fine with this, though I would suggest adding the requirement that such a refusal be "written and public" to eliminate the possibility for competing claims to the presidency.

[Associate Justice PiT]

     Good point. Editing my amendment:

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[Goldwater]

My sincerest apologies guys, I completely dropped the ing ball on these Senate bill slots. Since it is technically now the start of a new Congress, I'll wait until they are set up before opening up the vote, because I don't want to start the vote in a weird between congresses state.

[Associate Justice PiT]

     So, Senators have 24 hours to object to the amendment above.

[Goldwater]

So, we finally ready to vote on this thing?

[Grumpier Than Thou]

So, we finally ready to vote on this thing?

I believe so.

[Goldwater]

Okay, Senators, please AYE, NAY, or Abstain

[Donerail]

Aye

[Associate Justice PiT]

     Aye

[The world will shine with light in our nightmare]

Aye.

[Goldwater]

By a vote of 3-0, an amended version of this bill has passed and will be voted on in the House.

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Atlasian Regional Senate

[https://uselectionatlas.org/FORUM/index.php?topic=262563.msg5677734#msg5677734]Passed 3-0 in the Atlasian Senate assembled[/url]
Be it resolved, X Senator PiT, PPT
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