Analysis: Pelosi Appointment to President
Photo of Speaker of the House Nancy Pelosi in the Oval Office.
Analysis here; relevant clauses listed at the bottom
As it stands, it is extremely unlikely that Speaker of the House of Representatives Nancy Pelosi would be appointed President of the United States.
The President and Vice president would have to be removed from office before an appointment of a new Vice President.
Though the United States is at war, the continuity of government laws would not necessarily be triggered by a Presidential vacancy. This means that the official to be appointed by the Congress need not be any particular individual.
Continuity of government laws could additionally suffer legal challenge. Thought the laws passed by Congress express a standing will to appoint the Speaker of the House of Representatives to the office of the President of the United States, it may be a constitutionally inadequate proclamation. It would be difficult to argue that a majority of both Houses would approve Rep. Pelosi’s appointment to the Presidency, if put to a floor vote.
U.S. Constitution
Article 2, Section 1, Clause 6; If the office of the presidency is vacant, the Congress shall appoint “an officer” to serve until the next election.
Article 2, Section 4; Impeachment for criminal activity
Amendment 20, Clause 3; Mostly irrelevant changes
Amendment 25; The President shall appoint a Vice President when the office is vacant. This appointment must be approve by the House of Representatives.
Continuity of Government; These laws exist to prevent a decapitation strike of the government in a time of war, or potential conflict, and may not apply.