late 1940s civics question (Read 526 times)

As long as the vice president is still alive, and has not been booted out of office, after the election, he is vice president.

If the president is no longer able to serve, for whatever reason, the vice president would become president at the time the president was no longer in office.

So, in the example, Biden would become president, until inauguration day.

On Inauguration Day, if there was a new vice president elected, then the elected vice president would become president.

So, in the example, Hoot Gibson would become president.

Section 3 of the Twentieth Amendment seems pretty clear to me, but I am not a constitutional scholar, who tries to find things in the Founding Documents that are not there, but just someone who believes the language is clear and understandable.

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Twentieth Amendment

Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
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Then it becomes a constitutional crisis, as the congress will try to take away the authority of the Constitution.

At least the present congress would, as they don't follow the precepts of the Constitution, unless it is for their benefit.

Jim Too