Houston, TX asked in Uncategorized for Texas

Q: If Pres. Biden is no longer Pres. and VP Harris becomes Pres. and nominates a candidate to succeed her as VP and the 50

-50 senate cannot convert to a majority, who or what will break the tie ? If no one, does the U S continue without a VP ?

Thank you

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1 Lawyer Answer
Leroy Scott
Leroy Scott
  • Houston, TX
  • Licensed in Texas

A: A VP has virtually no power under the constitution (except to break ties in the Senate) and is mainly there in case something happens to the president. The VP's only constitutional jobs are 1) become president if there is no longer a president, 2) preside over the Senate (which will be done by the president pro tempore of the senate when the VP is absent), and 3) break ties (which cannot be done by president pro tempore).

If Harris becomes the president, then I guess she would have fulfilled her purpose as VP. If no one qualifies as VP after her, I guess there just will just not be a VP. However, if there is no president or VP, then the regular line of succession kicks in.

DISCLAIMER: I'm not a constitutional lawyer, so I may be completely wrong.

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