CDR: Re: A successful lawsuit means Gore wins!

Kevin Elliott k-elliott at wiu.edu
Thu Nov 9 20:34:57 PST 2000


At 18:19 -0600 11/9/00, Jim Choate wrote:
>This following a near impeachment.
>
>What happens if by the day the new president is to take his oath there is
>still no clear winner? Even if the candidates get together and one is a
>gracious loser, the trauma won't be lessened. There will be literaly no
>faith in the president. What would Congress need to do in order to pass an
>emergency resolution that would allow the current president to stay in
>office until the issue is resolved. Could this be a new way to get a third
>term? Would the vice-president (who serves when the president can't) then
>be the next in line (assume the speaker of the house would be next if
>memory serves)?

Constitutionally, I don't think congress can do anything about it- 
they MAY pick the day he takes office (I don't recall if that date is 
in the constitution or is statutory).  If they get to pick the day, 
they might be able to get away with pushing it back for awhile, but 
even then the constition say, president shall serve 4 year term so it 
can be argued that 1 day longer than that and he's not president.
-- 

"As nightfall does not come at once, neither does oppression. In both 
instances, there is a twilight when everything remains seemingly 
unchanged.  And it is in such twilight that we all must be most aware 
of change in the air--however slight--lest we become unwitting 
victims of the darkness."
-- Justice William O. Douglas
____________________________________________________________________
Kevin "The Cubbie" Elliott 
<mailto:kelliott at mac.com>                             ICQ#23758827 





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