San Lumen wrote:Cisairse wrote:Because the succession act is fantastically unconstitutional and nearly every constitutional scholar worth their salt has been saying this for 30 years.
Members of Congress cannot accede to the presidency, only members of the executive branch can. If there's no president or vice-president, it's seriously an open question as to whether the rest of the succession act (ie, that puts Secretary of State as #5 in line) would remain in effect after SCOTUS rules the #3 and #4 slots unconstitutional.
How is it unconstitutional?
Wikipedia has a pretty good rundown of why the Succession Act of '47 is unconstitutional.
TLDR: The succession clause of the Constitution explicitly says that only "Officers of the United States" are eligible to act as president in the event of succession, and that phrase explicitly refers to members of the executive branch. There are notes from J. Madison during Convention that make this doubly explicit.
There are other, more minor concerns, but the "You can't actually put these people in the line of succession" is definitely the biggest one.
San Lumen wrote: If its struck down who would be president if neither a president nor vice president can be chosen?
That would be up to the Supreme Court to decide. It is not clear.









