Magnolia, TX asked in Constitutional Law for Texas

Q: Article II, Section I, Can Congress remove P/V.P. with a Case for Removal? " In Case of the Removal of the President..."

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA

A: Article II, Section 1 of the United States Constitution indeed outlines the process for the succession of presidential power in the event the President is unable to fulfill their duties due to removal, death, resignation, or inability. This clause ensures the continuity of governmental operations by transferring responsibilities to the Vice President. Furthermore, it grants Congress the authority to legislate on the order of succession beyond the Vice President, to address scenarios where both the President and Vice President are unable to serve.

The mechanism for removing a President or Vice President from office, however, is distinct and primarily outlined in the Constitution’s provisions for impeachment. The House of Representatives holds the power to impeach, or formally accuse, the President or Vice President of misconduct. Following impeachment, the Senate conducts a trial. A two-thirds majority in the Senate is required for conviction and removal from office.

In summary, while Congress plays a crucial role in the process of removal through impeachment and has the authority to legislate on presidential succession, the Constitution specifies separate procedures for these functions. The system is designed to maintain stability and the rule of law by ensuring that there is always a clear line of succession for the presidency.

John Michael Frick agrees with this answer

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