Constitutional question when no electoral majority
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
June 05, 2024, 02:32:50 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Constitutional question when no electoral majority
« previous next »
Pages: [1]
Author Topic: Constitutional question when no electoral majority  (Read 2163 times)
Lincoln Republican
Winfield
Atlas Icon
*****
Posts: 14,348


Show only this user's posts in this thread
« on: April 04, 2006, 10:52:40 PM »

If a presidential election produces no electoral majority for any candidate, the constitution states that the new Congress is to convene immediately,  and the House is to elect the President from the top three finishers in the electoral vote, and the Senate is to elect the Vice President from the top two finishers in the electoral vote.

If the candidate elected by the House as President then refuses the Presidency, does the candidate elected by the Senate as Vice President then become President, or does the candidate who placed second in the House for President then become President?

I would think the candidate elected by the Senate for Vice President would then become President.

Discuss please.

Thanks.
Logged
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,144
United States


Show only this user's posts in this thread
« Reply #1 on: April 05, 2006, 12:29:10 PM »

While neither the Constitution nor the United States Code explicitly address the possibility of a person refusing the office of President of the United States, I would say that it would be reasonable to treat a refusal as if it were a failure to qualify, since he will have not taken the oath of office.  That would mean that the Vice President would only be the acting President until such time as the President-elect took the oath.  The other possibility would be to treat a refusal in the same manner as a resignation.
Logged
Speed of Sound
LiberalPA
Atlas Icon
*****
Posts: 14,166
United States


Show only this user's posts in this thread
« Reply #2 on: April 05, 2006, 07:35:30 PM »

When I personally think about, for some reason I lean towards the senates VP pick being placed in the Oval office. This is merely an educated guess, however.
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.211 seconds with 11 queries.