Trump proxy McCarthy is 3rd in line and now only needs 1 person to bring a vote to be removed. Trump knew all of this was coming (Biden’s classified documents). McCarthy would 1) Be removed 2) Select his VP, then be removed/resign. Trump endorsement of McCarthy was by design and now makes more sense. Hold on folks! 🇺🇸
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A member of Congress taking control of the Executive is going to be a whole rodeo the Supreme Court won't tussle with.
Even if they did, there's no teeth.
Over 🎯
As I've argued numerous times on this board, Speaker isn't constitutionally eligible to be on the Executive succession list. Only Officers of the USA (e.g. executive officers from the Executive branch) are eligible. That was the intent of the Framers.
Of course this issue (Act or Become?) was mostly solved by the Constitution eventually being amended. But it didn't solve the open question over eligibility to succeed re: who is an Officer of the USA?
https://en.m.wikipedia.org/wiki/Continuity_of_Government_Commission
Excellent research and analysis here:
Is the Presidential Succession Law Constitutional? - Akhil Reed Amar and Vikram David Amar
https://en.m.wikipedia.org/wiki/Continuity_of_Government_Commission
https://en.m.wikipedia.org/wiki/Brookings_Institution
u/Norman_F_Dixon was always very interested in Brookings... I think u/CHAOS_ACTUAL also commented upon NFD's research.
But because nobody has challenged the statutory moves over the years, particularly the current version, SCOTUS hasn't been given the chance to make a ruling, and even if they did, as you point out, how would SCOTUS enforce their ruling, assuming they even got it right at all? (if the 9-0 bullshit ruling in Chiafalo is any indication of our future, SCOTUS is just as compromised as the other two branches)