CDR: Re: A successful lawsuit means Gore wins!

[William H. Geiger III]

In <Pine.LNX.3.96.1001110151709.730r-100000 at einstein.ssz.com>, on 11/10/00

   at 03:24 PM, Jim Choate <ravage at ssz.com> said:



>On Fri, 10 Nov 2000, Trei, Peter wrote:

>> One of the good results of the current stalemate is that many of us are
>> getting crash courses in constitutional law. 
>> 
>> This is covered by the Presidential Succession Act of 1947. See
>> http://www.greatsource.com/amgov/almanac/documents/key/1947_psa_1.html

>Actualy it isn't. It's covered by the 20th amendment, section 3.

>It also invalidates the point Declan was trying to make on the 12th
>(guess he should take his own advice).

>http://lcweb2.loc.gov/const/amend.html

>Section 3. If, at the time fixed for the beginning of the term of
>President, the President elect shall have died, the Vice President elect
>shall become President. If a President shall not have been chosen before
>the time fixed for the beginning of his term, or if the President elect
>shall have failed to qualify, then the Vice President elect shall act as
>Presdent until a President shall have qualified; and the Congress may by
>law provide for the case wherein neither a President elect nor a Vice
>President elect shall have qualified, declaring who shall then act as
>President, or the manner in which one who is to act shall be selected,
>and such a person shall act accordingly until a President or Vice
>President shall have qualified.

>Looks to me like Congress could leave Bill in office until this mess is
>over. Like I said, is this a new way to win a 3rd term?

I am not sure that they would as this seems to go against the 22nd
Amendment. While the 22nd doesn't specifically address an appointed acting
president I doubt that the new congress would be inclined to keep Clinton
around nor would they want to create more problems while trying to
straighten out the current mess.

Amendment XXII

(1951) 

Section 1. No person shall be elected to the office of the President more
than twice, and no person who has held the office of President, or acted
as President, for more than two years of a term to which some other person
was elected President shall be elected to the office of the President more
than once. But this article shall not apply to any person holding the
office of President when this article was proposed by the Congress, and
shall not prevent any person who may be holding the office of President,
or acting as President, during the term within which this article becomes
operative from holding the office of President or acting as President
during the remainder of such term. 


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