>>4835180
lawfag here sng noice work finally an anon gets this - reposting a portion of my analysis that leads to this conclusion (full post if requested)
Presidential Succession Acts
Remember the 25th Amendment did NOT change Congess's ConstitutionalauthorIty to designate successors other than the VP - so after the VP, Congress may declare "…what Officer shall then act as President…"
Law under this clause have been around since 1792 in more or less the same form. A significant amendment was passed in 1947 and has remained more or less intact since.
Under this law, 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.