80

I don't think "pre-impeach" is the right word because Congress has the power to impeach the VP or any other "civil officer", not just the president. According to article 2 of the constitution, as stated by Wikipedia: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and ...


53

The last sentence of the Twelfth Amendment to the United States Constitution states that But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. [source] According to the Twenty-second Amendment to the United States Constitution No person shall be elected to the office of ...


53

According to news reports, this has led to "power sharing agreements" needing to be made between the Ds and Rs. Why is this necessary? First, it's important to note that the VP is not a Senator and hence cannot vote unless the Senate is tied. A 50 seats + VP "majority" is not the same as an unequivocal 51 seats majority. This is an ...


46

Under normal circumstances, there is no difference. However, the Senate is not always full - Senators die or resign, or simply fail to make it to a vote. These were even more common situations when the Constitution was written. In situations where the number of voting Senators is not an even number, then granting the VP a full normal vote could produce a ...


46

What authority does the Vice President have to mobilize the National Guard? Apparently, none. However, the acting defense secretary does. Because the District is not a state, the D.C. Guard answers to the president, but he has delegated authority to command the capital’s guardsmen to Miller and McCarthy — two of the top officials at the Pentagon. — ...


42

No, because while taking the oath is a prerequisite for executing the office, just swearing it doesn't make one POTUS or VPOTUS. Article II, Section 1, Clause 8 of the US Constitution says: Before he [the President] enter on the Execution of his Office, he shall take the following Oath or Affirmation: [...] "Before" does not necessarily mean "the exact ...


38

The President Pro Tempore of the Senate can do it. In 1969, Vice President Hubert Humphrey did not participate in the count of the electoral college votes. The President Pro Tempore of the Senate took his place instead. Source: https://www.politico.com/news/2020/12/17/pence-trump-election-loss-447326


38

The Vice President has exactly two jobs according to the Constitution: To preside over the Senate, breaking ties if and when necessary, but otherwise not voting or doing much else of substance. To become President or Acting President pursuant to the 25th Amendment. #2 is not relevant here as it is part of the Presidential line of succession (which has ...


35

There are three periods of time at which this question has different answers. Immediately after the elections, you might run into some problems, but immediately after the inauguration, there is no minimum time before the Vice President can take over. After election day, before the electoral college votes As the presidential electors haven't yet voted, there ...


28

As a practical matter, if Pence were to resign, the already slim probability of invoking the 25th amendment would decrease to almost zero. If Pence resigned, the Vice Presidency would be vacant and it would be up to the President to nominate and both houses of Congress to confirm a new Vice President. Theoretically, this could be done quite quickly if the ...


28

Would Vice President Pence take over and become president (in lists of presidents and numbered 46th president) for one week/less than a week? Yes Impeachment and conviction of the President would remove the President. Section 1 of the 25th Amendment states that: "In case of the removal of the President from office or of his death or resignation, the ...


27

And is it true, as this article argues, that the VP could technically choose not to follow certain precedents (not even Senate rules--just certain precedents of practice) and recognize the minority leader instead of the majority leader as the first to take the floor and set the agenda? The Vice President could recognize the minority leader, sure. However, ...


27

Well, the Constitution says (Article II, Section 1) The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. while Article I, Section 3 defines the President of the Senate as the Vice President The Vice President of the United States shall be President of ...


27

As you've mentioned, the 12th amendment to the Constitution, enshrined in statute in 3 U.S.C. §15 grants the role of presiding over the counting of the electoral votes in Congress to the President of the Senate, not explicitly the Vice President. As a result, the same provisions apply as would in any other circumstances when the VP is absent or unable to ...


26

First off, a note on semantics. Impeachment and conviction are two separate steps. The House votes to impeach, the Senate votes to convict. Both President Andrew Johnson and President Clinton were impeached by the House. Neither was convicted by the Senate so both served out their term. Vice President Pence would become President Pence only if President ...


26

This question, or something similar, has been put to White House Press Secretary Jen Psaki a number of times over the past couple of months. The common theme of the responses is that VP Harris' brief is more to do with addressing the root cause of migrants arriving at the border at the source - by engaging with political leaders in Northern Triangle ...


24

No. The President can not fire the Vice President. Unlike the cabinet (e.g., Secretary of State, Attorney General, Secretary of Defense, etc.), and the White House Staff (e.g., Chief-of-Staff, Press Secretary, etc.) the office of the Vice President, his term and the requirements for his removal from office are all established explicitly in Article II of the ...


22

When thinking about political power and influence it is important to distinguish between formal and informal power. While the law explicitly provides some powers, often times the most significant powers are entirely informal (not defined in law). The Vice Presidency is a position that largely relies on informal power. Who Runs the Senate? According to ...


22

It's an interesting question you're raising. In many cases, the V.P. candidate gets chosen from among the other competitors for the party's nomination of a candidate for President who most helped the ultimate nominee to win the nomination (or at least caused him or her the least amount of damage). We saw the beginnings of this just after the South Carolina ...


21

Only Congress can forcibly remove a Vice President from office The US Constitution only allows the Vice President to be forcibly removed from office via impeachment due to a high crime or misdemeanor (just like the President). The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and ...


21

Does the Vice-President retain their tiebreaking vote during an impeachment trial of the President? No, the vice president has no defined role in the impeachment trial of the president. It is possible that the vice president could relinquish the chair to the chief justice, but, even that is not required. The chief justice may cast a tie-breaking vote on ...


20

Yes, Al Gore exceeded Bill Clinton's net favorability for long periods throughout their two terms in office. This does, however, depend on which organisation conducts the poll, and is complicated by the fact that vice presidential approval rating is polled far less frequently than presidential approval. According to Gallup's approval rating data, taken from ...


18

This is mostly to do with the date of Harris' resignation as Senator. She submitted her letter of resignation to California Governor Gavin Newsom on Jan 18th, two days before being sworn in as VP. Recent Vice Presidents who resigned from their Senate seats did so earlier - with the consequence that their appointed replacement assumed their seat before ...


17

As mentioned in comments, the Vice President was originally the runner-up in the Presidential Election; this practically guaranteed that (until this was changed) the Vice President would be of a different party than the President. Now, because the Vice President is on the ticket alongside the President, they will almost certainly be of the same party, but ...


16

There's nothing stopping him from making such a suggestion, but there's also nothing that says anyone has to go along with it, and it may not be a smart idea. First of all, the Constitution does not prohibit a President and Vice President from being from the same family, or even from the same state. It only says that the electors from a state cannot vote ...


16

A tie does not necessitate the Vice President to be present in the Senate. Without the VP's vote, the motion will simply fail. However, if the VP wants to break the tie, the VP has to be present on the floor, as the Senate's presiding officer1. (1more on this in @Damila's answer) It's worth noting that the Vice President is the President of the Senate which ...


14

Mr. Miller [the acting defense secretary] said on Wednesday afternoon that he had spoken with Mr. Pence, Speaker Nancy Pelosi, Senators Mitch McConnell and Chuck Schumer, and Representative Steny H. Hoyer of Maryland about the situation at the Capitol. He notably did not mention Mr. Trump in his statement. Since, so far as anyone knows, President Trump has ...


14

There's nothing explicit there, but the strong implication has been that Harris' job is not to fix the border itself, but the circumstances causing people to cross it in the first place. To that end, the administration has touted trips to countries involved in the migrant crisis (emphasis mine) Vice President Kamala Harris will visit Mexico and Guatemala on ...


13

Vice President George H. W. Bush was Acting President from 11:28 a.m. until 7:22 p.m., when Reagan transmitted a second letter to resume the powers and duties of the office. You are correct. This is a third letter. Two were prepared previously and one was thrown away. This sentence would make more sense if it read "another" or "a followup" rather than "a ...


Only top voted, non community-wiki answers of a minimum length are eligible