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The term President Pelosi would not be correct, the correct terminology

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RB TexLa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-17-07 01:46 AM
Original message
The term President Pelosi would not be correct, the correct terminology
would be Acting President Pelosi. Only the Vice President can become president, anyone else assuming the power would be acting as president.

Amendment XXV
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

http://www.law.cornell.edu/constitution/constitution.amendmentxxv.html

3USC19

(a)(1) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is neither a President nor Vice
President to discharge the powers and duties of the office of President,
then the Speaker of the House of Representatives shall, upon his
resignation as Speaker and as Representative in Congress, act as
President.


http://assembler.law.cornell.edu/uscode/html/uscode03/usc_sec_03_00000019----000-.html
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DRoseDARs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-17-07 01:51 AM
Response to Original message
1. Aw, the wonderful quirks of the living US Constitution...
...to bad it was shredded to bits. It was nice while it lasted. Let's see if the Democratic Congress can find its spine and restore her... :shrug:
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madeline_con Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-17-07 01:54 AM
Response to Original message
2. If the MSM lets "Madame President" slip, I'll forgive. n/t
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Orangepeel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-17-07 02:06 AM
Response to Original message
3. what the hell. I'll take it anyway.
:D
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tuvor Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-17-07 02:07 AM
Response to Original message
4. The term 'acting' should be retired and replaced.
Too many "acting" presidents in my lifetime.
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-17-07 07:21 AM
Response to Original message
5. I was thinking of "Unitary Executive Pelosi." n/t
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Pab Sungenis Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-17-07 09:41 AM
Response to Original message
6. That's questionable.
The original text of Article II states:

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President


This was interpreted by many to mean "powers and duties" shall devolve, but John Tyler took the reins of power forcefully after Harrison's death, even taking the oath of office, pretty much setting the precedent that the VP becomes President, finally formalized in the 25th Amendment.

Article I, Section 3, also hints that the Vice President was only intended to act as President:

The Senate shall chuse their other Officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States.


We've never had a precedent for double-vacancy, although we came close in 1973 with the growing Watergate scandal and the resignation of Agnew. Carl Albert, at the time, said that if Nixon resigned or was impeached before a new VP could be named, he would only serve as Acting President until Congress could call a special election as hinted at under Article 2, Section 1. Pelosi could follow that procedure, or do what she wants.

There is no precedent to follow, and if she found herself in that position what she ended up doing could, like John Tyler back in 1841, decide what actually happens in the future. If she takes the Oath and starts referring to herself as "President," she would then be full president de facto if not de jure. Since the Presidential Succession Act does not require a special election (in fact, it all but rules them out saying that the Speaker may act as President for the remainder of the term), and since she would be wholly within her rights under the Constitution to exercise the powers of the office no matter what she called herself, it wouldn't even be something worth litigating. If she called herself the President, she would be President. If she called herself Acting President, then she would be Acting President.

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RB TexLa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-17-07 10:45 AM
Response to Reply #6
7. The question of if the 1947 law is constitutional would come up as well

The Sec. of State would have standing to challenge the Speaker and President Pro Tempore being in line when they are not "officers" of the United States. In Article 2 it's pretty clear no member of Congress is an "officer" of the United States.
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helderheid Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-17-07 10:46 AM
Response to Original message
8. Whatever she would be called would still sounds great to me!
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