1) OK, folks, this is getting on my nerves…. People speculating about the possibility that Speaker Pelosi could somehow “become POTUS” while @realdonaldtrump is sick if Pence also gets ill.
SHE WON’T, SHE CAN’T!
2) The Presidential Succession Act of 1947 and the subsequent revision in 1963, as well as the 25th Amendment, all require that the President be INCAPABLE of performing his duties before the authority (not office) of the President devolves upon the VP…
3) THAT would require EITHER his own signed declaration OR a declaration signed by the VP AND majority of Cabinet Secretaries, OR “other such body as Congress shall, by law, establish.”
4) Since the 25A specifies that a LAW must be passed before THEY can act, removal of President Trump and/or VP Pence is out of their hands via any method other than impeachment and conviction. They do not have the time for that process to run, and they cannot pass a law ...
5) ...without the signature of a valid President.
It should be understood that, in the very unlikely event of Pelosi assuming the duties (NOT OFFICE) of POTUS, she would be forced to resign as Speaker AND as Congresscritter, & could not re-assume either office once the POTUS ...
6) ...can re-assume his authority. NOTHING in the US Constitution states that she would BECOME POTUS, only that she would assume the DUTIES and AUTHORITY of the President AND that the President could reclaim his authority at ANY TIME simply by writing a letter.
7) NOW, let’s look at the possibility that both the POTUS and VPOTUS are unable to exercise the duties and authority of the Presidency due to a temporary health or other situation:
8) This has happened before, in 1981, when Ronald Reagan was shot. VP Bush was “out of pocket”, unable to assume the authority of the POTUS, so Secretary of State Haig declared that HE was in control… which was 100% correct.
9) Haig had not BECOME POTUS, he simply stepped in and filled the gap in the chain of command UNTIL VP Bush was able to do his job.
That is what would, LEGALLY, happen in this case, if both POTUS Trump and VPOTUS Pence were to become ill with the #chinesevirus.
10) SoS Mike Pompeo would be in control, NOT Speaker Pelosi! Why? Because neither the President or Vice President are DEAD, nor have they been removed from office.
11) Sections 3 & 4 of the 25th Amendment CLEARLY state that the power and authority of the Presidency shall fall to the next in line as ACTING PRESIDENT, nothing in the text actually REMOVES the POTUS from office.
12) Donald Trump could fall into a coma and would still remain President, even if the 25A is activated by Pence and the cabinet. The same would follow if VP Pence also falls ill, he retains his office until his term ends.
13) ONLY upon the DEATH or removal from office of BOTH the President and Vice President could the SoH BECOME POTUS… until then, she is out of the succession.
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