Hobe Sound, FL asked in Constitutional Law for Florida

Q: What would happen if Biden resigns or dies before the election, the House won't confirm a VP, and President Harris wins?

Related Topics:
2 Lawyer Answers

A: Article 2, Section I, Clause 6 of the Constitution provides that:

"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 VicePresident (sic), 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."

if President Biden were to resign or die before January, presumably Vice President Harris would automatically become president. I don't know if you are intending to ask, but the "Case of Removal, Death, Resignation or Inability, BOTH (all caps for emphasis) of the President and Vice President" is an eventuality that Congress may provide for (if it hasn't already) pursuant to the quoted constitutional provision.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If Biden resigns or dies before the election, Kamala Harris would become the President. Without a confirmed Vice President, she would continue her term without one, as the House needs to approve a nominee for the role. This could lead to a unique situation where there is no Vice President for an extended period.

During this time, President Harris would carry out the duties and responsibilities of the presidency. If she runs in the election and wins, she would continue as President for the next term. The process to confirm a new Vice President might take place after the election if the political dynamics allow it.

This scenario could create a complex political landscape, affecting legislative actions and government stability. It's important to stay informed and understand the implications of such a situation. Knowing the constitutional processes and political factors can help you navigate and comprehend these developments.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.