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this post was submitted on 25 Sep 2024
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politics
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I think the concern is that Johnson is one step away from the VP so if either Biden or Harris aren't as lucky as donald has been recently then he would be the one responsible for certifying.
It's only a line of succession if the top spot is gone.
If Biden is gone then Harris becomes president, but the VP spot remains open.
If Harris is gone then the VP spot remains open.
A new VP is then filled by someone nominated by the President and approved by the Senate. (It's possible things could freeze here, but not by Johnson.)
AFAIK there is nothing that would make Johnson the acting VP.
Only if Biden & Harris die in a short window, moving him to President, would he be a problem.
The 25th Amendment says that a VP replacement has to be confirmed by both Houses of Congress. Johnson could absolutely fuck shit up there.
Ah my bad.
I did a little digging and it looks like the certification process is actually handled by the President of the Senate, not the Vice President. It just so happens that the President of the Senate is also the Vice President. However the President pro tempore acts as the President of the Senate if the Vice President is unavailable.
So if we had no Vice President, we would still have a President of the Senate, so things would continue as normal.
Which, considering the VP is currently a candidate, it might be the Pro Tempore stepping in.
To avoid conflicts of interest in what is supposed to be an entirely ceremonial role….
No it's like the nemesis system in the Lord of the rings games and everyone moves up one slot! /S
Sadly they still have a patent on that, so Democracy will have to wait.
It doesn't work that way.
If Biden is out, Harris becomes President, picks her own VP who would do the certification.
If Harris is out, well that would be a nightmare because of the election, but Biden would replace her and that VP would do the certification.
If Biden AND Harris are both lost in some kind of catastrophe, Johnson becomes President and still doesn't certify the election because whoever he picks for VP would do that.
It's not that neat.
According to the 25th Amendment, if there is a vacancy in the VP slot, a candidate is nominated by the President but must be confirmed by both Houses of Congress.
You can immediately see why that would be a problem if the GOP has control of either House.
Oh? I thought the whole cabinet shuffled by one. TIL.
Shuffles by one if it has to, but anyone with a boss can just be replaced because that higher authority exists.
Usually this is discussed with just the president, who has no higher authority, or in the case of mass death like nuclear war, with an assumption that we lose a good chunk of the government. But not this conversation, where VP matters more than P for certification.