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Can This Scenario Happen ?

But I don't think the Constitution specifies an immediate relinquishment of one office does it. ?

Does not matter, since there cannot be one person in control of two branches of government. Seems pretty damn obvious that the speaker moves from one position to another.
 
Does not matter, since there cannot be one person in control of two branches of government. Seems pretty damn obvious that the speaker moves from one position to another.

But where does it say that.

Also could a hypothetical President Pelosi given up the role of House Speaker but not her congressional seat ?
 
Does not matter, since there cannot be one person in control of two branches of government. Seems pretty damn obvious that the speaker moves from one position to another.

What may seem obvious to you, is not obvious constitutionally. Where do you find that restriction?
 
Wait, math counts on this forum? Sorry

There are 45 Democratic senators + 2 independents = 47

So 4 (four) GOP senators are required for a Senate majority.

I think numbers will count for a lot soon.
 
The bit that says the Speaker of the House has to surrender his/her seat to become president.

Where does it say that bit ?

Lets look at this logically.

Name one example of there being one person holding two offices in separate branches of government? I will not wait for your answer since the question is rhetorical. In fact the idea of the President being in Congress is so stupid I have no clue why you are trying to make such an ignorant point.

You are just being silly, ignorant or trying to troll.
 
Hypothetical situation - Can it happen:

Let's say Trump AND Pence are impeached and removed from office by the Senate.

Let's call this R day.

R + 1: Speaker of the House Nancy Pelosi takes the Oath of Office and becomes the 46th president of the USA

(does the Constitution say she has to quit her office as Congressman for Northern California?)

R + 2: President Nancy Pelosi nominates Hilary as VP

R + 3: Hilary takes the oath of office as VP

R + 4: President Nancy Pelosi resigns as president of the USA and returns to the house as Speaker

R + 5: Hilary is sworn in as the 47th president of the USA.



Can this happen ?

Never say never.

Don't know for sure, so I'm guessing a person can't hold more than one federal office at a time.

I don't think Pelosi will or would ever want to be president any longer than to finish the term out. So whoever replaced her as president would have to get elected first.

But if Pelosi did become president, I don't believe she would ever pick Hillary for VP or any other office. Instead, I think she'd pick Steny Hoyer...they seem to get along really well.
 
You would need to change a couple of details and hope for the best for Hillary to even be VP...and you are making an assumption about Pelosi that may not be true, but in theory, yes.

However, this seems to me a fever dream of a right-wing conspiracy theorist.

Also, keep in mind of the timing; if it were to happen today, then the plan to try to get Hillary into the WH would be kind of stupid as she would only serve one year before having to run for re-election.

The most likely thing to happen if both Trump and Pence were impeached and removed from office is that Pelosi would become President for one year. Any VP nominations would be held up in Congress by McConnell. In fact, expect McConnell to use the GOP majority in the Senate to prevent Congress from doing its job until the presidential elections.
 
Never say never.

Don't know for sure, so I'm guessing a person can't hold more than one federal office at a time.

I don't think Pelosi will or would ever want to be president any longer than to finish the term out. So whoever replaced her as president would have to get elected first.

But if Pelosi did become president, I don't believe she would ever pick Hillary for VP or any other office. Instead, I think she'd pick Steny Hoyer...they seem to get along really well.

Well Nancy could easily stand for her seat back again and she walk back into the House and reclaim the Speaker's position I'm sure.

I was wondering if she'd pick Hilary and then resign just to thumb her nose at Trump.
 
Lets look at this logically.

Name one example of there being one person holding two offices in separate branches of government? I will not wait for your answer since the question is rhetorical. In fact the idea of the President being in Congress is so stupid I have no clue why you are trying to make such an ignorant point.

You are just being silly, ignorant or trying to troll.

No Speaker of the House has ever had to take the roll of president before.

I'm sure she'd have to resign (briefly) as Speaker, but give up her House seat too ? But if she did, I think her seat is up for election in November next year, so it will be a short sabbatical.
 
You would need to change a couple of details and hope for the best for Hillary to even be VP...and you are making an assumption about Pelosi that may not be true, but in theory, yes.

However, this seems to me a fever dream of a right-wing conspiracy theorist.

Also, keep in mind of the timing; if it were to happen today, then the plan to try to get Hillary into the WH would be kind of stupid as she would only serve one year before having to run for re-election.

The most likely thing to happen if both Trump and Pence were impeached and removed from office is that Pelosi would become President for one year. Any VP nominations would be held up in Congress by McConnell. In fact, expect McConnell to use the GOP majority in the Senate to prevent Congress from doing its job until the presidential elections.

Probably, but Nancy would just sit there are probably do nothing...a presidential candidate would prepare the ground on assumption they'd win in Nov 2020 and it wouldn't count as part of their two term limit under the 22nd Amendment.
 
Well Nancy could easily stand for her seat back again and she walk back into the House and reclaim the Speaker's position I'm sure.

I was wondering if she'd pick Hilary and then resign just to thumb her nose at Trump.

HIghly doubtful. Pelosi doesn't seem like the type of person that would do something like that.
 
No Speaker of the House has ever had to take the roll of president before.

I'm sure she'd have to resign (briefly) as Speaker, but give up her House seat too ? But if she did, I think her seat is up for election in November next year, so it will be a short sabbatical.


"Article 1, Section 6, Clause 2 of the United States Constitution

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."


The above is referred to as the Ineligibility Clause (or Emoluments Clause or the Incompatibility Clause, or the Sinecure Clause). It is basic US Constitution knowledge that the separation of powers is the bedrock of the Constitution.

Ineligibility Clause Law and Legal Definition | USLegal, Inc.

"Ineligibility Clause Law and Legal Definition
The ineligibility clause in the U.S. constitution puts a limitation on the employment of members of Congress, and the employees of the executive branch, from serving or holding other office of Congress. This clause expressly bars the senator or representatives from being appointed to any civil office under the authority of the U.S.

The purpose of the clause is twofold:

1. to protect separation of powers;

2. to prevent Congress from conspiring to create offices or increase federal officials' salaries with the expectation that members of Congress would later be appointed to these posts."
 
HIghly doubtful. Pelosi doesn't seem like the type of person that would do something like that.

Dealing with Trump has got to give her the motivation to do something like that.


God it would be deeply satisfying. I think Nancy Pelosi would dearly love to support a Democrat president from the Speaker's office.
 
"Article 1, Section 6, Clause 2 of the United States Constitution

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."


The above is referred to as the Ineligibility Clause (or Emoluments Clause or the Incompatibility Clause, or the Sinecure Clause). It is basic US Constitution knowledge that the separation of powers is the bedrock of the Constitution.

Ineligibility Clause Law and Legal Definition | USLegal, Inc.

"Ineligibility Clause Law and Legal Definition
The ineligibility clause in the U.S. constitution puts a limitation on the employment of members of Congress, and the employees of the executive branch, from serving or holding other office of Congress. This clause expressly bars the senator or representatives from being appointed to any civil office under the authority of the U.S.

The purpose of the clause is twofold:

1. to protect separation of powers;

2. to prevent Congress from conspiring to create offices or increase federal officials' salaries with the expectation that members of Congress would later be appointed to these posts."

So she would have to surrender her seat in the House - and then stand for election again for the same seat (probably) in November next year.
 
Dealing with Trump has got to give her the motivation to do something like that.


God it would be deeply satisfying. I think Nancy Pelosi would dearly love to support a Democrat president from the Speaker's office.

Well, sure...but not the way you suggest.
 
Hypothetical situation - Can it happen:

Let's say Trump AND Pence are impeached and removed from office by the Senate.

Let's call this R day.

R + 1: Speaker of the House Nancy Pelosi takes the Oath of Office and becomes the 46th president of the USA

(does the Constitution say she has to quit her office as Congressman for Northern California?)

R + 2: President Nancy Pelosi nominates Hilary as VP

R + 3: Hilary takes the oath of office as VP

R + 4: President Nancy Pelosi resigns as president of the USA and returns to the house as Speaker

R + 5: Hilary is sworn in as the 47th president of the USA.



Can this happen ?

A scenario where the Worst and most Corrupt America has to offer wins? Lets hope not.
 
Probably, but Nancy would just sit there are probably do nothing...a presidential candidate would prepare the ground on assumption they'd win in Nov 2020 and it wouldn't count as part of their two term limit under the 22nd Amendment.

Doubt that she would do nothing. Especially if she thought she was just a placeholder for November 2020. In all honesty she would encourage Democrats in the House to start passing for the Senate so McConnell can shoot them down...paving the way for not only the future presidential elections but future Congressional elections by insisting that the GOP are simple obstructionists putting party over country. That would be the game plan< I think.
 
No. If McConnell and Senate Republican leadership were to decide that Trump and Pence needed to be removed from office, they would force Pence's resignation and nomination of their successor as Vice President.
Not possible. If both the President and VP are removed then the line of succession kicks in and the Speaker of The House automatically becomes President.
Yes, but before that.

If McConnell decided Trump needed to be removed from office and made that known, McConnell and Pelosi would broker a deal to force Pence's resignation and confirm a new Vice President.

That's exactly how Spiro Agnew's resignation on the onset of Nixon's impeachment was handled.

In October 1973, both the House and Senate was controlled by the Democratic Party. At that time the House was initiating the impeachment proceedings of Nixon. In light of that - as well as the coming fruition of the DoJ investigation into Agnew with respect to tax fraud, bribery and extortion - Agnew resigned.

That vacancy therefore put Democratic House Speaker Carl Albert as first in line of succession. He could have theoretically delayed the nomination of Vice President while simultaneously pushing the impeaching of Nixon forward. And you're right that that would have given him the chance to become the President without having to win an election.

However Speaker Albert deferred to the democratic process and along with the Democratic-controlled Senate confirmed Gerald Ford to the Presidency. Thereafter, Speaker Albert initiated the impeachment proceedings against Nixon knowing full well that Ford would become the President if Nixon were impeached and removed from office.

Now, even in today's radicalized Congress, if Sen. McConnell privately or publicly conceded to remove Trump from office, Speaker Pelosi would certainly follow the same exact same democratic process. Not just because Pelosi respects our democratic political process, but because if Pelosi were to reverse course and not push forward with impeachment proceedings against Trump, despite McConnell's come-to-Jesus, it would result in a literal left-wing political revolt and blatant suicide attempt in the 2020 election.
 
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