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I don’t think there is any ability for the VP to sign over power to anyone else while incapacitated (unlike the President). Besides, his only constitutional powers are first in line of succession (which would pass to the Speaker of the House), and President of the Senate. I would guess that in the event of a 50-50 tie in the Senate while he was incapacitated, no-one would be able to break it. Of course, given the Republicans have a majority in the Senate, this is quite unlikely to happen…
If during his operation George Bush were to be incapacitated as well then Cabinet would take power through the reserve powers it holds and Condaleeza Rice as SOS would head that.
She could need the Supreme court to ok it if this situation continued and required a permanant change.
There is only one precedent of this–in the 1930s i think when the SOS was president for the day–can’t remember the reason but he did have executive powers, and spent a quiet day having his friends come in and ask for pardons.
Dave, just imagine that DPF had ended with a smilie instead of question mark. Then think about it a little more.
As for the 50/50 without Cheney as President of the Senate, I’m reasonably confident whoever was in the chair as Senate President pro tempore would get to break the tie:
US Constitution Artcile I, Section 3, Clause 5: “The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.”
Just like when Brash wants to make a decision Cheney would have to check in with Richard Perle who would run it by the Likud party. As a member of National I am surprised you have to ask the correct procedure.
Gman, you would appear to be under the misapprehension that the Presidential Succession Act of 1886 is still in force, whereas it was superseced by the Presidential Succession Act of 1947, at the behest of Harry Truman (who felt that in the event that both the President and the VeeP couldn’t serve that the Acting President ought to have been someone who was elected).
Have you seen neither the fourth season of the West Wing, nor the second season of 24?
You may find the following text from the Presidential Succession Act 1947 useful:
“(a) (1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.”
After the Speaker comes the President pro tempore of the Senate, and then the Cabinet officers based upon the order in which the departments they head were created – with the Sec State first (and the Secretary of Homeland Defence nowhere); (whoever it devolves to must be eligible to serve as president, so for example in Clinton’s term as President Madeline Albright would have been bypassed because she wasn’t born in the US.)
I think Bushie will be just fine thanks to Hurricane Rita. By all accounts the Federal response and prepardness was more than adequate. If it had not the Bushie may well have handed things over the Cheney. But our boy is now safe and the liberals can just hope and pray for another hurricane.
You forgot Hilary Rodham Clinton who with Bill is workin up the hot air to generate another hurricane to test Bushie. But Bushie has the measure of her. A great country like the US will never have a woman leader. That sort of thing is strictly for the third rate powers.