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A U.S. Constitution Question

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Turkeytop
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A U.S. Constitution Question

Post by Turkeytop » Sat Dec 15, 2018 7:50 pm

I'm not posting this to provoke debate. I'm genuinely curious.

A President dies suddenly, or is otherwise incapacitated The Vice President is sworn in and becomes President. However, until that searing in takes place, there will be a brief interval when there is no Commander in Chief.

What happens if, during that interval, a crisis arises that needs the authority of a Commander in Chief, eg. an incoming nuclear attack. Who has authority to act?


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bmw
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Re: A U.S. Constitution Question

Post by bmw » Sat Dec 15, 2018 8:45 pm

I'm fairly sure Presidential succession is immediate. While the swearing-in is Constitutionally required, I think that is treated more as a formality than a requirement to execute the office in the event that succession occurs.



Mega Hertz
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Re: A U.S. Constitution Question

Post by Mega Hertz » Sat Dec 15, 2018 8:55 pm

I think he's right. There's always someone in charge but the swearing in is just a formality. The minute the president dies or is incapacitated, it automatically transfers.


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TC Talks
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Re: A U.S. Constitution Question

Post by TC Talks » Sat Dec 15, 2018 9:08 pm

I believe (need to check with a constitutional expert) that I am in charge during that gap.


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Circle Seven
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Re: A U.S. Constitution Question

Post by Circle Seven » Sat Dec 15, 2018 10:02 pm

TC Talks wrote:
Sat Dec 15, 2018 9:08 pm
I believe (need to check with a constitutional expert) that I am in charge during that gap.
You are correct.
And with you at the helm, I see a glimmer of hope that I can be rightfully pardoned of a few tiny and truly insignificant transgressions.



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Turkeytop
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Re: A U.S. Constitution Question

Post by Turkeytop » Sat Dec 15, 2018 10:09 pm

TC Talks wrote:
Sat Dec 15, 2018 9:08 pm
I believe (need to check with a constitutional expert) that I am in charge during that gap.

Can I be your Labour Secretary for that moment?


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zzand
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Re: A U.S. Constitution Question

Post by zzand » Sat Dec 15, 2018 10:13 pm

If memory serves when Kennedy was shot LBJ was sworn in within minutes of death being declared.



screen glare
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Re: A U.S. Constitution Question

Post by screen glare » Sun Dec 16, 2018 4:09 pm

The Constitution states Al Haig takes charge.



Mega Hertz
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Re: A U.S. Constitution Question

Post by Mega Hertz » Sun Dec 16, 2018 4:48 pm

screen glare wrote:
Sun Dec 16, 2018 4:09 pm
The Constitution states Al Haig takes charge.
Lmao. I read that and had to watch that clip for a laugh.


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JackAttack FM
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Re: A U.S. Constitution Question

Post by JackAttack FM » Sun Dec 16, 2018 7:15 pm

David Rice Atchison, "President for a day"

Section 1 of Article II of the Constitution says, "Before he enter on the execution of his office, he shall take the following oath or affirmation... "

In 1849, when Inauguration Day was March 4 it fell on a Sunday that year. And I guess you didn't hold celebrations on a Sunday then so President-elect Zachary Taylor wouldn't be sworn in until the next day.
But, President James K Polk's term constitutionally ended on that Sunday, March 4th at Noon.

So, as presidential succession was then it fell to Senate President Pro-Tempore David Atchison to be acting president for the 24 hours between noon March 4th and noon March, 5th.
Word has it he napped most of the day.

The Presidential Succession Act signed by President Truman changed the succession after the Vice President to Speaker of the House, President Pro-Tempore of the Senate and then the Cabinet in the order the position was created starting with the Secretary of State.

I don't know where Al Haig went to school.

The 25th Amendment was adopted to make it clear that the Vice President would become the next president, "In case of the removal of the President from office or of his death or resignation..."

The circumstances about how the 25th Amendment were adopted came from the JFK assassination. There were fears of a conspiracy that the government could be under attack.
Lyndon Johnson wanted to take the oath right away to reassure to the US population and to the world that there was a president in charge. Some debated later that Johnson did it for ego. But, since the 25th was adopted following the JFK assassination to preserve the presidential line of succession it was probably obvious that any question of a "gap" needed to be answered with an amendment. So that wherever the VP was he would be President.

The 25th Amendment makes no mention of the oath.

Sorry TC no Prez for a day for you.



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TC Talks
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Re: A U.S. Constitution Question

Post by TC Talks » Sun Dec 16, 2018 9:55 pm

JackAttack FM wrote:
Sun Dec 16, 2018 7:15 pm
"In case of the removal of the President from office or of his death or resignation..."
If this could happen soon, I could live without being the interim.


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Turkeytop
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Re: A U.S. Constitution Question

Post by Turkeytop » Sun Dec 16, 2018 10:03 pm

JackAttack FM wrote:
Sun Dec 16, 2018 7:15 pm

Sorry TC no Prez for a day for you.

So I don't get to be TC's Labour Secretary for three minutes?


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TC Talks
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Re: A U.S. Constitution Question

Post by TC Talks » Sun Dec 16, 2018 10:06 pm

TT,

Here in 'merica we don't over use "u"


“The more you can increase fear of drugs, crime, welfare mothers, immigrants and aliens, the more you control all of the people.”
― Noam Chomsky

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Turkeytop
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Re: A U.S. Constitution Question

Post by Turkeytop » Sun Dec 16, 2018 10:11 pm

TC Talks wrote:
Sun Dec 16, 2018 10:06 pm
TT,

Here in 'merica we don't over use "u"
By trkeytop

So that disqalifies me for the job?


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screen glare
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Re: A U.S. Constitution Question

Post by screen glare » Mon Dec 17, 2018 1:37 am

Al Haig - back from the grave.
Kickin’ ass! Better behave.
Trump gets the bump -
Pence too tense.
Al self-ascends.
Claims HE’s President!



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