Yes. It's untested law.Article II, Section 1, Clause 6—specifies that only an "Officer" may be designated as a Presidential successor. Constitutional scholars from James Madison to the present day have argued that the term "Officer" refers to an "Officer of the United States", a term of art that excludes members of Congress.... will Nancy Pelosi assume the office of President ...
In fact, the very next section clarifies that "Officers" refer to cabinet heads.
Further, the Incompatibility Clause (Article I, Section 6, Clause 2)—bars officials in the federal government's executive branch from simultaneously serving in either the U.S. House or Senate—so it's unlikely that members of the Congress can legitimately be in the Presidential line of succession.
Therefore, I find it more likely if Congress was unable to select either a President or VP, that Mike Pompeo would become acting President while Congress worked harder on coming up with a winner. If the Senate selected the VP, then they would take over until the House selected a Pres.
And, keep in mind, that Pence will be chairing the Congressional proceedings that are determining the ECV winners.
The Presidential Succession Act of 1947 states that if neither a president nor a vice president is selected by Jan. 20, the Speaker of the House becomes president until a president or vice president is picked. That would almost certainly mean, at least temporarily, President Pelosi.
![]()
President Pelosi? Odds are low, but here's how it could happen
What happens if neither candidate receives the required 270 votes in the electoral college and the House is left to pick the country's next president?www.latimes.com
The 1947 Act is considered by some to be unconstitutional, but has never been ruled as such by the SCOTUS...
The next section of the Constitution makes it very clear that it refers to an Administration Cabinet Head.... And the term "officer" is somewhat open to debate...
The Incompatibility Clause in Article 1, Section 6, Clause 2 makes each incumbent member of Congress ineligible to hold an Administrative office during their tenure in Congress.... maybe it doesn't mean that a member of Congress couldn't become president...
If SCOTUS ruled that way, then most definitely she could. I doubt that is how SCOTUS will rule though.... If Pelosi is deemed by the SCOTUS to be an officer, then she could resign from her speakership and become the President Pro Tem. Maybe...
Agreed. But, if it does, we'll survive it.... let's hope it doesn't come to that.