Wasn't that instituted after 1871? If the US Corp is dead, doesn't that mean we revert back to pre 1871? I read that pence tendered his resignation 1/6; if that's true, then trump would've appointed someone (to later be confirmed by the Senate, which obviously didn't happen, but can still be a valid interim appointment)... Pompeo? Bingo! I think we've found it! Pompeo got an interim appointment to be VP! And the constitution pre 25th amendment on presidential succession says if Congress doesn't pick a president the VP acts as president until march 4. My new favorite theory.