I hate politics; I love conspiracies and love to play “what if”.
Let me set up the rules first so you understand my thinking.
– Order of Presidential succession
- The Vice President Dick Cheney
- Speaker of the House Nancy Pelosi
- President pro tempore of the Senate Robert Byrd
- Secretary of State Condoleezza Rice
- Secretary of the Treasury Henry Paulson
- Secretary of Defense Robert Gates
- And on and on …
– Rules for being president
– No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
– Rules for being speaker of the house
– You must be 25 years old, have been a citizen for the past 7 years, and reside in the state you are going to represent at the time of the election.
Here’s my question. Let’s say President Smith and VP Jones are in office and Arnold Schwarzenegger runs and becomes Speaker of the House. In a wild turn of events, President Smith leaves office to become a porn kingpin and VP Jones is impeached on charges of fondling members of the cabinet, which she vehemently denies.
That makes Arnold Schwarzenegger president …. or does it since he IS NOT a natural born citizen, but he does fall in line as Speaker of The House as dictated by the Constitution?
Ahhhh Haaaaa! I found the answer, but I want to know what you think WITHOUT Googling. If you must know read here.
Highlight to see answer:
The only exception to the line provided in the law states that to ascend to the Presidency, the next person in line must be constitutionally eligible. Any person holding an office in the line of succession who, for example, is not a naturally-born citizen cannot become President. In this case, that person would be skipped and the next eligible person in the line would become President.
What is VERY compelling is the clause about the Presidential Disability here.
Which states the President can drop it and pick it up for a few days. So if President Smith comes back from pimpin’ Schwarzenegger CAN be VP.
Caveat – self-removal
One aspect of the 25th that we skipped over is this: the 25th provides for the President to remove himself from his role, placing the Vice President directly into the role of Acting President. In this case, the President informs the Speaker and President Pro Tem of his disability and upon doing so, the Vice President becomes Acting President. By simple declaration of ability, reversing the prior message, the President can resume power at any time.
This part of the 25th Amendment has actually been invoked, with little fanfare. The second President George Bush turned over power to Vice President Richard Cheney in June 2002 while he went under general anesthesia for a colonoscopy. Previously, President Ronald Reagan delegated his powers to Vice President George Bush when he also underwent surgery, but in the case, Reagan expressly denied invocation of the 25th Amendment. The first President Bush did fall ill a few times during his term, but he never invoked the 25th. In 1996, a panel of historians urged that presidents take greater care when there was to be planned disability such as general anesthesia. Presidents Clinton and Bush both had made formal but secret arrangements for transfer of power in such circumstances, and Bush’s 2002 declaration was the first time the recommendations were put into effect.