General Discussion
In reply to the discussion: This is now a full blown Constitutional crisis and needs to go to the SCOTUS [View all]NYC Liberal
(20,453 posts)- Trump was elected by the Electoral College. Those are the only votes that matter and there's no legal or Constitutional method to invalidate them, particularly since they've also been certified by Congress.
- The only way Trump could be legally disqualified from taking office is if he were found to have failed to meet the Constitutionally specified requirements for the presidency (age, residency, citizenship, etc).
- Breaking the law - whether just indicted or even convicted - does not disqualify one from the presidency, no matter how serious the crime is. The Constitutional remedy in that instance would be impeachment and/or the 25th Amendment.
- If he were to be disqualified, then per the 20th Amendment, the Vice President-elect, Mike Pence, would take office on January 20. If Mike Pence were also legally disqualified then Congress decides (by law) who acts as president until someone qualifies. I believe the current law is just the regular line of succession, so that would mean President Ryan.
http://www.usconstitution.net/xconst_Am20.html
- There's no way to extend a president's term past its end date -- nor should there ever be.
All of that isn't to say that Trump isn't a complete and total travesty who is going to do grave harm to our country. He is and will. He's a maniac, a lunatic.