Sunday, October 4, 2020

More practical constitutionalism

You all enjoy the unique opportunity to take Constitutional Law at a time when structural constitutional issues--covered in the course and otherwise--are in the news.

The President contracting COVID has raised a host of issues about presidential succession and continuity of government, as well as the possible effects of a presidential candidate becoming ill before Election Day or between Election Day and the December meeting of the Electoral College.

Here are three good discussions of the various issues, for now and the election. The relevant constitutional provisions are the 20th Amendment, which provides for the beginning of a presidential term at noon on January 20 and for what happens if the President dies or has not been selected, and the 25th Amendment, which provides for temporary surrender of power to the Vice President--voluntary or involuntary--if the President becomes incapacitated. Also of note is 3 USC § 19, a statute that defines the line of succession if both the Presidency and Vice Presidency are vacant.

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