Anonymous ID: 1e4507 Jan. 18, 2019, 8:31 p.m. No.4814792   🗄️.is đź”—kun   >>4826

>>4814657

as most anons already know, after the VP the primary succession is House Speaker, President of the Senate, then Secretarty of State. This seems perfectly natural but it really is not. Consider the current situation - if POTUS and Pence are gone then is it right that Nancy Pelosi be made President? The same problem would occur if the President of the Senate of the opposing party became President. This points out a major flaw in the law Congress passed.

 

The legal question is - are House and Senate "officers" as contemplated by the Constitution? Most legal scholars say they are NOT, pointing out that the term "Officer" refers to an "Officer of the United States," a legal term that excludes members of Congress. Instead, officers of the USA are high level executives appointed by POTUS with the advice and consent of the Senate - in other words - CABINET HEADS.

 

Just as compelling is the Incompatibility Clause of the Constitution (Article I, Section 6, Clause 2)—which bars officials in the federal government's executive branch from simultaneously serving in either the U.S. House or Senate.

 

One can see the various problems which could occur when Members of Congress are tasked to switch the the role of Cheif Executive, and perhaps go back if the POTUS is reinstated.

 

While it may be pointed out that the very first Succession Act of 1792 DID name the President of the Seante and House Speaker as succesors, the critical difference was that the law also called for a special election within 60 days to fill the position, so that the Member of Congress would be a mere placeholder.

 

Alas - with the urging of Harry Truman, Congress passed the law with no special election - and the issue has never been litigated in SCOTUS - it certainly could in the future. If so, in the event POTUS and VP were out, and Members of Congress are prohibited under a SCOTUS ruling, the POMPEO would be the man - TRUST KANSAS!!!!

 

As Q says - always good to know moar! God speed anons…………