The vacancy in the office of VP was not caused by a death, not caused by a resignation, not caused by an inability to serve. President Trump has proven that coronavirus is no big deal. Everybody ought to take a deep breath and step back. Therefore, your new president is "unable to serve" as vice-president and that office is now vacant. The question, briefly, is whether the death of the president caused the vacancy in the office of vice-president. Festival of Sacrifice: The Past and Present of the Islamic Holiday of Eid al-Adha. A vacancy in the office of the Vice President of the United States is filled with a Presidential nomination that is confirmed by a majority vote from the House of Representatives and the Senate. The first was the first VP of the U.S., Why the Father of Modern Journalism Distrusted Democracy. On most of these occasions, the office remained vacant for the remainder of the presidential term, at times more than three years. I don't see where the Board enters into it. It is way too early to make any sort of educated guess on who could fill Harris' seat after a Newsom appointment, but here are a handful of Democratic politicians who have been considered by some to be potential candidates for higher office: Eric Ting is an SFGATE reporter. You cannot paste images directly. President Nixon resigned the Presidency on Aug. 8, 1974, and Gerald Ford took the oath of office the next day, again leaving the Vice President's office vacant. (For what it's worth, I agree with Mr. Novosielski, but it's not my call.) I also believe, according to Roberts, the right to elect or appoint is equal to the authority to remove or fill vacancies. Only if a president and vice president become simultaneously unable to serve as president does the speaker of the House ascend to fill … Editor’s note: FactCheck.org is one of several organizations working with Facebook to debunk misinformation shared on social media. He became president immediately and involuntarily, leaving a vacancy--one that occurred as the result of a direct chain of causation beginning with the death of the president. It's the well-known and equally erroneous "straw man" argument. 25th Amendment: Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a … McConnell breaks with Trump on stimulus deal, It's official: 2nd Trump-Biden debate is canceled, We may have been too quick to dismiss neck gaiters, '70s TV star wore 'tiniest' bikini to prove a point, Many bottled water brands contain toxic chemicals: Report, Experts blast Trump for foreign policy blunders, How tourist avoided prison for bad TripAdvisor reviews, Trump struggles to clear throat during 'Hannity' call-in, It doesn't get more cruel than Tyrod Taylor's demotion. Q. It would seem your bylaws give him the power to appoint a replacement. RONR is quite clear that unless special provisions are made in the bylaws for filling a vacancy in the office of president, the rule is that when the office of president is vacated, the vice president instantly becomes president, and the vacancy immediately occurs in the office of vice-president, or of the highest numbered vice president if more than one exists. ", It is a well known logical error: "Post hoc; ergo propter hoc." How do you think about the answers? On July 13, 1985, President … × Sen. Dianne Feinsten's seat is up for re-election in 2024, and given the fact that she will be 91 by then, it is entirely possible that California will have the chance to elect two new senators within just two years. But, hey, that's just Noah Webster's spin. Our previous stories can be found, Baseless Claim Turns Fake IDs Story into Voter Fraud Tale, Nelson Aldrich Rockefeller, 41st Vice President (1974-1977), The 25th Amendment: Succession of the Presidency. The weather models are making the rain look less and less likely. Email: [email protected] | Twitter:@_ericting. I don't think this applicable because the vacancy caused by death was in the office of president not vice president. Then, it's not a very contemplative provision. Within a few years, the amendment proved helpful on more than one occasion. The 25th Amendment says that: “In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.”, Its next section reads: “Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.”. He was sentenced to three years probation and fined $10,000. The rule was not the cause of the vacancy because it was (presumably) not the cause of death. “The 25th Amendment: Succession of the Presidency.” Pieces of History. The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution deals with issues related to presidential succession and disability. By Fake 'progressive' mailers urge yes on Uber/Lyft's... Newsom's office says to keep masks on between bites. Cut the nitpicking, and then look at the bylaw. And I support Josh's objection (Post 15) to Mr Mt's characterization of his position (Post 14): Josh was clearly taking pains, and satisfactorily, not to weigh in on the question of the cause of the vacancy, either way. “25th Amendment.” Legal Information Institute, Cornell Law School. Weird & Wacky, Copyright © 2020 HowStuffWorks, a division of InfoSpace Holdings, LLC, a System1 Company. I tried to avoid from doing so. So whomever Gov. When President Richard Nixon’s vice president, Spiro Agnew, resigned in 1973, Nixon nominated House Minority Leader Gerald Ford to become vice president. How can a vacancy in the vice presidency be filled The president shall nominate and then that name needs to be confirmed by both Houses in Congress the position of newsletter editor? Such appointee shall serve until the next election.". I also believe, according to Roberts, the right to elect or appoint is equal to the authority to remove or fill vacancies. The bylaws provision is pretty unambiguous. Who else agrees that Kamala Harris is "unlikeable" ? Liberals don't even know Joe Biden policies do they? Since you've got yourself a customized rule, then someone will have to interpret that rule, and apply that rule. According to a 2018 report from the Congressional Research Service, California is one of 36 states where if a vacancy occurs, a new senator will be appointed by the state's governor, with the interim senator serving until whichever comes first between the end of that Senate seat's term or the next statewide general election. Using only a dictionary, I agree with you. President Nixon took office in January of 1969 with Spiro Agnew as his Vice President. If you all do decide that the vacancy filling provision does not apply in this case you all will need to decide whether the Board or General Membership would be the body to fill the vacancy. Until that time, the Constitution was unclear on the matter. As a result, the spouse, who is a vice president, resigns. Your previous content has been restored. Join Yahoo Answers and get 100 points today. Will 5G Impact Our Cell Phone Plans (or Our Health?! After Nixon and Agnew were elected to a second term, Agnew became the focus of an investigation by the U.S. Attorney's office in Maryland for financial irregularities while he held state office. or VP are not members.). Your Bylaws give the President the authority to fill vacancies, but you question whether the provision applies in this case. (OK, they were idiots to go ahead and list some.). It is up to your organization to interpret its own Bylaws. Gavin Newsom appoints will not face the voters until the 2022 midterms, when Newsom himself will be up for re-election. It's not much of a stretch to look at that list of reasons for vacancies as not an intentionally specifically exclusive list, but a bunch of pompously-offered examples. Fact Check: What Power Does the President Really Have Over State Governors? The vacancy was caused by the death of a member, viz. Your link has been automatically embedded. the position of vice president? It is true, however, that under current law, if there is no president or vice president, the House speaker would be next in line for the presidency. And the rule is RONR, not a custom rule in the OP's bylaws, so we have a clear idea what it means. There was no resignation in this real case. We are an alumni association of a university and our president died and the vice president moved up to president but then he appointed a member as vice president. Propter hoc, ergo propter hoc, if you like. The phrase "any vacancy" will be much clearer. If former Vice President Joe Biden wins the presidency in November and California Sen. Kamala Harris becomes vice president, her Senate seat will suddenly need to be filled. Why do people with OCD gravitate towards parliamentary forums?
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