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laotzu92 Now you're changing your own Agnew/Ford scenario after being called out on it.
😂
You do realize that if a Speaker becomes acting president under such a scenario, s/he would have to resign as Speaker
before taking the presidential oath. And would only remain acting president until such time uintil any disabilities of the president or vice president is removed or until a new president or vice president is sworn in.
So Kevin McCarthy's time in the oval would be limited - not to mention that he could be removed by the 25th Amendment or as soon as a vice president is duly sworn in. Yes, that's right. The person he would nominate as vice president would in effect replace him in the Oval once confirmed. The 25th Amendment would trump (no pun intended) the Presidential Succession Act of 1947, meaning that McCarthy would not act as president until the expiration of the current presidential term but would be ousted by a new vice president qualifying under the 25th Amendment.
And ifMcCarthy turned down the opportunity to briefly sit in the Oval, next in line would be the President Pro Tempore of the Senate, currently Patrick J. Leahy (D-VT).
Leahy announced he is retiring at the end of his term (January 3, 2023). The next most senior Democrat would be Dianne Feinstein (D-CA). She's due to become the President Pro Tempore if the Democrats retain the Senate.
If the Republicans capture the Senate, the position would fall to Chuck Grassley, 88, of Iowa, who is running for re-election.
Although, technically, the Senate could pick any one of their colleagues as President Pro Tempore. Traditionally, it is the most senior member of the controlling party. That's means it could end up being Chuck Schumer or Mitch McConnell.
Keep in mind that if the Senate stays 50-50 and if the vice presidency us vacant, Leahy (or whomever is the then President Pro Tempore would remain as such unless/until the Senate switches hands or unless the Senate elected a new President Pro Tempore). By the way, a Republican-controlled Senate in 2023 is not be any means assured. In fact, given the amount of seats up for stake, I believe the Democrats will retain control with 51+.
There is also always the chance that a couple Senators could switch parties (probably in exchange for a powerful cabinet post).
Back to McCarthy. His election as Speaker is far from certain. And he could very well be ousted before he'd the chance to be sworn in as acting president in the REVISED scenario you've concocted. Imagine the Republicans holding a 218-217 House with Liz Cheney retaining her seat. Do you really think she'd vote for him? And she wouldn't be the only Republican who'd say "nay."
There are also Constitutional questions about the 1947 Act - and if SCOTUS struck in down because sitting members of Congress cannot be "officers" of the United States, the country could be without a president and a vice president (again, under your revised scenario). More likely, SCOTUS would let the Act stand just to avert a Constitutional crisis.
But the bottom line is that if Harris were to resign, Biden would quickly nominate someone for the vice presidency. And if that choice was acceptable to the American public, Congress would be forced to act - and quickly. Someone like Mitch McConnell is NOT going to hold up the nomination process. And if McCarthy did, he'd be flamed as seeking potential presidential power for himself.
One possibility?
Admiral James G. Stavridis (ret.)
It's also possible that SCOTUS could selectively rule parts of the Presidential Succession Act of 1947 (Pub.L. 80−199, 61 Stat. 380, S. 564, enacted July 18, 1947) as unconstitutional, ruling that the Speaker of the House and the President Pro Tempore of the Senate are not "officers" of the United States and therefore cannot be in the succession line, but still leaving the Cabinet secretaries in the succession line. This would put Secretary of State Antony Blinken as next in line after the vice president.
