I imagine a lawsuit is possible; but on what grounds? and in what court? If a losing candidate were to go into court his only argument would be something like "Though I lost the presidential election, my opponent ( and please ignore the fact that he has been duely certified as the winner of the election) has died, and I believe that I should become the next President rather then his running mate (and please ignore the fact that he has also been certified as the winner of the election and the fact that, had this untimely event occured after Inaguration day, he would become POTUS), so I ask you to set aside any claim that my opponent's running mate might have on the office of POTUS and vacate the decision of the Electoral College so that I may become president."
House picks 16th President [1861] [read before voting]
- Thread starter DuQuense
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I imagine a lawsuit is possible; but on what grounds? and in what court? If a losing candidate were to go into court his only argument would be something like "Though I lost the presidential election, my opponent ( and please ignore the fact that he has been duely certified as the winner of the election) has died, and I believe that I should become the next President rather then his running mate (and please ignore the fact that he has also been certified as the winner of the election and the fact that, had this untimely event occured after Inaguration day, he would become POTUS), so I ask you to set aside any claim that my opponent's running mate might have on the office of POTUS and vacate the decision of the Electoral College so that I may become president."
Glen
Moderator
Given the parameters of the scenario, I am going with the House certifying Hanibal Hamlin as the President.
The House at this moment in time is majority Republican. They do not want to lose the Presidency. The waters are murky enough as it is - if they pick anyone else as president other than the VP-Elect, there will be real challenges (Hamlin is the 'safest' pick for the Reps in terms of challenges), and if they do nothing, they risk the Democrats getting the presidency, therefore they back Hamlin, and Hamlin becomes President.
Much hilarity ensues.
The House at this moment in time is majority Republican. They do not want to lose the Presidency. The waters are murky enough as it is - if they pick anyone else as president other than the VP-Elect, there will be real challenges (Hamlin is the 'safest' pick for the Reps in terms of challenges), and if they do nothing, they risk the Democrats getting the presidency, therefore they back Hamlin, and Hamlin becomes President.
Much hilarity ensues.
Note that the text in the constitution that allows for a House vote (And sets up the one-vote-per-state terms) only allows them to choose between the top five electoral vote getters. Which means that there are serious shenannigans going on for anyone other than Breckinridge, Bell, or Douglas (and minor shenannigans going on for voting Lincoln despite his being dead with the expectation that the office would immediately fall to Hamlin.)
Thank you for your Help -- Hamlin is the clear winner -- He gets sworn in as VP on March 4th. Then 5 minutes later VP Hamlin is Sworn in as President.
Onward to Hamlin's Presidency.
Well....the south just won the Civil War.
Hamlin cannot run the US during the crisis that it faced during the 1860's.....he's no Lincoln.I'm not sure that's quite how it would be described de jure, but that's what would essentially happen in practice. I suspect the way it would be adjudicated is that Hamlin is and remains VP-elect. The position of President-elect being vacant due to the death of Lincoln, on Inauguration Day Hamlin would be inaugurated as Vice President, and owing to the vacancy in the Presidency, would then be sworn in as President, following the Tyler Precedent.
A bit more roundabout, but it follows the forms set forth in the Constitution more closely, and disputes would be on shakier legal ground if the reasoning was explained in that fashion, rather than the nonexistent concept of acceding to the position of President-elect.
Unfortunately for my plans, I have this problem of listening to people who know more than Me.
Hamlin won the Vote, [by more than all others combined] and the comments convinced me, that he would have been President in 1861's Political environment.
Please comment in the - President Hamlin - Thread. on how you think a President Hamlin Administration would go.
Well....the south just won the Civil War.
Do we know that? Did Hamlin ever get the chance to show what he could do?
Did anyone have the slightest idea what kind of leader Lincoln himself would make, until it actually happened?
House Picks 16th President
I think that a president Hamlin would have been successful at averting Civil War. He would have kept Virginia, Arkansas, North Carolina and Tennesee in the union because he would hve removed the troops from fort Sumter before being fired upon.
So since no shooting war was begun he could have tried to negotiate a peaceful end to this great constitutioanl crisis. With only seven states seceeding how could they hace maybe been brought into the union.
Could the union have bought the slaves freedom? Could the union have sought some other solution?
I think that a president Hamlin would have been successful at averting Civil War. He would have kept Virginia, Arkansas, North Carolina and Tennesee in the union because he would hve removed the troops from fort Sumter before being fired upon.
So since no shooting war was begun he could have tried to negotiate a peaceful end to this great constitutioanl crisis. With only seven states seceeding how could they hace maybe been brought into the union.
Could the union have bought the slaves freedom? Could the union have sought some other solution?