Well, then things would get interesting, because then the Democrats would ignore Trump and listen to Pelosi, and Republicans would do the opposite. So what would the actual machinery of government, the ones who make things happen, do? For Trump to retain authority, if those people and departments don’t decide unilaterally to go with one side over the other, the courts would have to affirmatively say that Trump is still president. Otherwise, why should the Joint Chiefs continue to listen to Trump? The FBI and CIA? They would hardly be intimidated by physical threats, since they’re the ones usually wielding it,
The idea that Republicans would go so far as to suspend elections, yet, simultaneously, abide by the law so much that they would allow Pelosi to take office, is contradictory.
I have a wife. I’m already under marital law!
Thank you! That’s what I see every time I look at that subject line.
bow
Congresscritters’ terms end, and a new Congress is installed, on January 3. The president’s term ends, and a new president is installed, on January 20.
If there are no elections, then do all the incumbent Congresscritters cease to be on Jan. 3? Then who takes their place?
If there are no elections, then is Pelosi out on Jan. 3? If so, how can she become president on Jan. 20?
Who gets the job?
“Political power grows from the barrel of a gun.” -Mao
Whomever the gunsels follow has the job.
No. There are still 65 Senators in office on that day. Some of the 35 other seats can be filled pretty quickly by temporary appointments until the next special election.
If there is no Speaker, the next in line is President Pro Tem of the Senate. That would be the longest serving Senator of the party that was in the majority when the presidency is vacated. Since they have quorum (which is 51) the Senate can then start holding confirmation hearings for new presidential appointments.
There are a lot more Republican Senate seats up for election this cycle. It would take a deep dive on which states allow interim appointments, and how they do them, but that seems to lean towards a Democrat. Trump would then probably be replaced by our first female president when his term is up - Dianne Feinstein. Leahy is senior but his term is expiring. VT has interim appointments but a Republican governor so assume Leahy is screwed.
The president pro tempore of the Senate - so either Chuck Grassley or Pat Leahy, depending on which party has the majority after the governors appoint senators to fill the seats that have fallen vacant because there hasn’t been an election.
We have another thread (or several?) discussing what might happen if Trump claims he won the election and refuses to vacate the office.
In the situation discussed in this thread (Trump postpones or cancels the election), he will presumably argue that he remains the president.
So does the situation become similar to the case where elections are held and he loses but refuses to leave?
Similar in the sense of not being remotely possible, yes.
Regards,
Shodan
The longest-serving majority senator is usually elected Pres Pro Tem but that’s not required. It’s been the practice in my lifetime.
Back to topic. Tramp may issue national declarations of emergency and martial law if he thinks it expedient - I can think of several terrible triggers - but as has been pointed out, he can stay in office by other means. Martial law is just another tool in his kit.
Yes. There is no legal or constitutional basis for him remaining after noon on Jan 20th unless he is duly elected to a second term. He is just a guy who used to be president and the office is vacant until that vacancy is filled in accordance with the law.
What you are describing in both threads is called a coup.
This may be out of context, but I am reminded of what David Frum wrote two years ago: “If conservatives become convinced that they cannot win democratically, they will not abandon conservatism. They will reject democracy.”