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the Vice president shall act as President

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Reed Keeling

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2y ago
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13y ago

It depends what you mean by deadlocked. There are 435 seats so unless independents are in the mix, the House cannot be deadlocked by party. More likely there could be a disputed election for Speaker if there were a narrow difference between the parties in which case, someone among the 435 members would have to be able to muster a majority of votes cast for people to win the Speakership (and actually someone who is not a member of the House could technically be selected Speaker but that's never happened). So it's quite possible that a compromise candidate could emerge.

Without a clear majority, the House could proceed under regular order and would only be able to act with at least some consensus... The moderates would most likely rule the day. You would likely see the Rules Committee equally divided between Republicans and Democrats and an open process. A lot of horse trading would take place... In effect, it would operate a lot like the Senate does when neither party has 60 votes.

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9y ago

The U.S. Constitution, Amendment XX, Section 3 states, in part, "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 President 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 person shall act accordingly until a President or Vice President shall have qualified."

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10y ago

The U.S. Constitution, Amendment XX, Section 3 states in part,

"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 President 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 person shall act accordingly until a President or Vice President shall have qualified."

Furthermore, United States Code, Title 3, Chapter 1, Section 19 states in part,

"(a)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President."

and

"(b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. (c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that - (1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President- elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and (2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals. (d)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of Homeland Security. (2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service. (3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President. (e) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them."

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8y ago

The Vice-President-Elect becomes Acting President until a President is chosen. If there is no Vice-President-Elect either, the Speaker of the U.S. House of Representatives becomes Acting President until a President or Vice President is chosen.

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8y ago

Unless there are unforeseen circumstances the President is either chosen by the electoral congress in December, or else no one got a majority of the electoral vote. in the latter case, the new House of Representatives elects the president from among the top three in electoral vote using an election in which each state delegation gets one vote.

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11y ago

According to Clause 3 of the 20th Amendment to the U. S. Constitution, the Vice-President-Elect becomes Acting President on January 20 until a president "qualifies".

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8y ago

If a vice-president has been legally elected, he will serve as President until the House can elect a President.

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Anonymous

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3y ago

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Q: What does the 20th amendment say if the house fails to choose a president by January 20?
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