His Accidency (user search)
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  His Accidency (search mode)
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Question: John Tyler was...
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President
 
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Acting President
 
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Total Voters: 15

Author Topic: His Accidency  (Read 1581 times)
A18
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Posts: 23,794
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E: 9.23, S: -6.35

« on: February 18, 2006, 10:41:02 PM »

The text is not clear.

However, either option leads to an absurd conclusion:

1. "In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected."

The same provision that supposedly made him president, would have made him president in the case of a mere inability to discharge the duties of the presidency. He would continue, then, to be president until the term expired, or he himself died, resigned, or was unable to discharge the duties of the president, even after the disability of the former president was removed.

Not only would this be absurd, it would conflict with the clear design in cases where the vice presidency was vacant, and some other officer would merely act as president until the disability was removed.

2. But if he wasn't president, his salary would be unprotected.

"The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them."

This important protection of executive independence would then be removed.
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