U.S. Capitol Locked Down Amid Escalating Protests

Re:U.S. Capitol Locked Down Amid Escalating Protests by notacoward on Wednesday January 06, 2021 @09:24PM (#25666514)

You left out a very important part. If the president contests the exercise of the 25th, it gets thrown over to congress, needing a 2/3 majority to become effective. Unlikely. The die-hards will drag it out, until Trump automatically loses the presidency on January 20 and the whole thing becomes moot. Seems like a bit of a waste of time TBH. Even impeachment seems more likely to yield results within the necessary timeframe.

https://www.law.cornell.edu/constitution/amendmentxxv

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Re:U.S. Capitol Locked Down Amid Escalating Protests by alisonkisk on Wednesday January 06, 2021 @11:11PM (#25667191)

No. The President is out for at least 21 days (more than no minutes in this case) if the supermajority does not materialize.

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Re:U.S. Capitol Locked Down Amid Escalating Protests by notacoward on Wednesday January 06, 2021 @11:59PM (#25667444)

It's more like the president is out for at most 21 days. The 21-day limit only applies when no vote is taken. If a vote is taken, and fails to get 2/3 in both houses, the entire process completes in the president's favor. Done. You could in theory keep the president out of power simply by failing to have a vote (the "deliberately dropped packet" approach), but there's no provision for voting over and over again on the same question without new cause. You can't just make up such a provision that would be an exception to how anything else in congress (e.g. impeachment) works.

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