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But Article II does not provide any way to determine “incapacity,” so if Pelosi, believing that Trump and Pence are too sick to perform their duties, declares herself interim president and either challenges it, the White House it will be engulfed in uncertainty and the new interim president would fight for legitimacy.
The courts could settle the matter, but time would be of the essence, leaving a power vacuum at a time when the United States is experiencing civil unrest.
The mishandling of the COVID-19 crisis, coupled with large-scale protests over systemic racial inequality sparked by the deaths of African American citizens at the hands of white police, means that the country is like a dry forest like tinder, And a presidential race could be the spark to ignite it.
In addition to this, if Pelosi were to take office, she would have to resign her position as president due to the obscure incompatibility clause of the Constitution, which says that “no person holding office in the United States shall be a member of either chamber. “. during her tenure in office “.
All in all, it would be a confusing change to navigate, and Congress, not known for its speedy deals, would have to handle it quickly.
But this is all hypothetical: As it stands, Trump and his wife Melania tested positive, but Pence is still clear on that.
Now, all the White House can do is make sure staff wash their hands and wear their masks while they wait to see what happens.
