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this post was submitted on 18 Aug 2023
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I'm kind of curious now when/why does the vice president become president.
So originally I had a question was "Can a president in jail still be president?" and the answer is apparently yes, and a candidate has done it with a minor success (not much, but enough to be valid). Obviously the 25th amendment can be invoked at any time, but a president can serve while in jail.
But what if a president dies or is dead. Apparently "What if before the electoral college" is taken care of. The delegates can vote for someone else. But let's say they don't want to?
So obviously if he's not sworn in there's a huge problem, but let's say he's sworn in and dies a week after that. He's president. The immediate thing people will say "Well Vice President takes over". Now hold on, there's specific steps that happen, The vice president has to take the oath of office.
Seems like the answer is actually "Well the Vice President is the president with or with out the oath of office." And that's probably the truth of the matter, but I don't know I'm now curious if someone legitimately want to keep the president in office for some reason, even for a day, could they? Do they have to immediately invoke the 25th amendment or is it automatic? (Again probably the later, but I'm just thinking about it)