NationStates Jolt Archive

I just thought of this...

Do you have to be 35 when you are elected or just when you are sworn in? For instance, I was born on January 1st, 1986. In 2020 (an election year), I will be 34, but by the time it comes for me to be sworn in (had I ran an been elected) I would be 35. So, if I wanted to run for president, when would be the earliest I could do that? 2020 or 2024?

I doubt you'll be in a position to have it matter in any way shape or form. I think it's when you are sworn in.

The Constitution reads thusly:
Age and Citizenship requirements - US Constitution, Article II, Section 1

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

I read that to mean that you would have to be thirty-five in order to be elected, although I think there's an equally valid reading that says you'd have to be thirty-five by inauguration day. Interesting question, though.

So the constitution is not really clear on that...

Nigh, can I ask you to quit hopping around my threads and flaming me? Or do I have to ask a mod?

Such debates are the reason constitutional law scholars have jobs.

So the constitution is not really clear on that...

Nigh, can I ask you to quit hopping around my threads and flaming me? Or do I have to ask a mod?

I'm not flaming you. I'm commenting on what you say and you just happen to be a very active poster right now. There's no profanity, no statements against you, and certainly no name calling. I'm really sorry if you don't appreciate my opinions but tough. Stop posting if you don't want me to respond to what you say.

And really, what are the odds of you being in a position to care if it's 35 on innaguration day or election day?

I doubt you'll be in a position to have it matter in any way shape or form.

I just explained to you that 2020 is an election year and I turn 35 between 2020 election and 2021 innaugaration. I asked whether or not it was possible for me to be elected in 2020, not whether it was probable.

2024 because of having to run for your parties nomination too.

2024 because of having to run for your parties nomination too.
The Constitution does not specify that I must be 35 to be nominated. It only states that to become President, one much be at least 35 years of age. We're debating whether that means to be elected you must be 35 or to be sworn in you must be 35.

And really, what are the odds of you being in a position to care if it's 35 on innaguration day or election day?
Again, I'm not talking about whether or not it is likely. I'm talking about whether or not it is possible. You can't just brush this off as something that can't be debated merely because you don't think it will happen to me. I wonder how many people were born into the same situation I am in...probably quite a few. Granted, not even close to a majority of the population, but a portion no doubt. Anyone born in most of November, any of December, or most of January in an even numbered year that isn't a presidential election year is in the same situation I am in. So pretend for a second that we're talking about someone that you don't have an idioticly blind bias towards, okay?

Err, here is a better clarification:

I don't care if you would vote for me or not. I don't care if you think a party would nominate me or not. The question is, would I be elgible for the 2020 Presidency (which would start in 2021, when I was 35)?

no

You are not eligible to be on the ballot until 2024.

no

You are not eligible to be on the ballot until 2024.
Why not and what makes you absolutely certain?

Check Incertonia's post.

Here's a question. Let's just say, for the sake of the arguement, that John Kerry is elected president in November 2004. In December 2004, President-elect Kerry is killed in a tragic tomato ketchup accident. Who becomes president? Is Edwards sworn in in January or do they have another election. The problem with Edwards becoming president is that he was not elected to that post and he was not the sitting vice president in line of succession. Bush is out and Chaney with him. So the question is whether there is a new general election, does it go to Congress to decide or is it Edwards automatically. This is a true constitutional crisis.

Here's a question. Let's just say, for the sake of the arguement, that John Kerry is elected president in November 2004. In December 2004, President-elect Kerry is killed in a tragic tomato ketchup accident. Who becomes president? Is Edwards sworn in in January or do they have another election. The problem with Edwards becoming president is that he was not elected to that post and he was not the sitting vice president in line of succession. Bush is out and Chaney with him. So the question is whether there is a new general election, does it go to Congress to decide or is it Edwards automatically. This is a true constitutional crisis.
I was actually thinking about that as well...but with that, the courts would probably tell Edwards he was the President now (even if the constitution doesn't clearly define that). That situation, while important, is not quite as foggy as my situation as it is hard to say what the Supreme Court would say.

Well, Bush's term doesn't technically end until January 1st, 2004, does it? Just because he's the outgoing President (Please God) in November, he's still the President until the first of 2004.

January 20th.

--and George Bush would be President until that day, even if Kerry won and was assassinated between elections and innaugeration...however, the question is, would Bush take another term? or would Edwards take over? or what would happen?

January 20th.

--and George Bush would be President until that day, even if Kerry won and was assassinated between elections and innaugeration...however, the question is, would Bush take another term? or would Edwards take over? or what would happen?

Edwards would take over. At least, that would be my guess.

Edwards would take over. At least, that would be my guess.
Same with me

Ah, here it is. According to "Section 3 of the 20th Amendment, if the President-elect dies before being inagurated, the Vice-President elect becomes President-elect and is subsequently inaugurated." So, yes, that would be Edwards. Here's the link to the 2003 report I got this from.

http://lugar.senate.gov/CRS%20reports/Presidential_and_Vice_Presidential_Succession.pdf

The report also points out that when one becomes the official President-elect is a matter for some debate. Is it after the November elections or after Congress certifies those elections in January?

Here's a question. Let's just say, for the sake of the arguement, that John Kerry is elected president in November 2004. In December 2004, President-elect Kerry is killed in a tragic tomato ketchup accident. Who becomes president? Is Edwards sworn in in January or do they have another election. The problem with Edwards becoming president is that he was not elected to that post and he was not the sitting vice president in line of succession. Bush is out and Chaney with him. So the question is whether there is a new general election, does it go to Congress to decide or is it Edwards automatically. This is a true constitutional crisis.It's Edwards automatically. He would be the Vice-President elect, and would be sworn in as such on Jan 20. As soon as that happened, he would next be sworn in as President, since the President elect would be dead and there would be no one in the office, the current President's term having expired. After that, Edwards would nominate his own Vice-President and he or she would have to be approved by the Senate, just like Gerald Ford was made VP after Agnew resigned.

Ah, here it is. According to "Section 3 of the 20th Amendment, if the President-elect dies before being inagurated, the Vice-President elect becomes President-elect and is inaugurated as President. So, yes, that would be Edwards." Here's the link to the 2003 report I got this from.

http://lugar.senate.gov/CRS%20reports/Presidential_and_Vice_Presidential_Succession.pdf

The report also points out that when one becomes the official President-elect is a matter for some debate. Is it after the November elections or after Congress certifies those elections in January?
Logically, it would be after the certification, but since the electors are generally obligated to follow the wishes of the voters in their states--legally obligated in most cases--I'd imagine they would cast their votes for the person who was chosen by the public as VP.