Confirming a new vice-president

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Whenever the Office of President of the United States becomes vacant, whether by resignation, impeachment, ill health, whatever, the reason is immaterial.



Naturally, the Vice President takes over the presidency. No problem: sadly, it's happened before.



One of the new President's necessary acts is to select a new Vice-President, to fill out the remainder of the term before the next election. The selection must be approved by both the House and the Senate. However, the Senate is evenly split at 50 - 50.



Now there have been tie votes in the Senate, and they are resolved by the President of the Senate casting a deciding vote if he/she so chooses.



But, Constitutionally, the Vice-President is the President of the Senate! And there isn't one yet! The tie vote is to confirm the selection of a Vice-President!



So, in the absence of a Vice-President, how is a tie in a Senate vote decided?










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    Whenever the Office of President of the United States becomes vacant, whether by resignation, impeachment, ill health, whatever, the reason is immaterial.



    Naturally, the Vice President takes over the presidency. No problem: sadly, it's happened before.



    One of the new President's necessary acts is to select a new Vice-President, to fill out the remainder of the term before the next election. The selection must be approved by both the House and the Senate. However, the Senate is evenly split at 50 - 50.



    Now there have been tie votes in the Senate, and they are resolved by the President of the Senate casting a deciding vote if he/she so chooses.



    But, Constitutionally, the Vice-President is the President of the Senate! And there isn't one yet! The tie vote is to confirm the selection of a Vice-President!



    So, in the absence of a Vice-President, how is a tie in a Senate vote decided?










    share|improve this question

























      up vote
      2
      down vote

      favorite









      up vote
      2
      down vote

      favorite











      Whenever the Office of President of the United States becomes vacant, whether by resignation, impeachment, ill health, whatever, the reason is immaterial.



      Naturally, the Vice President takes over the presidency. No problem: sadly, it's happened before.



      One of the new President's necessary acts is to select a new Vice-President, to fill out the remainder of the term before the next election. The selection must be approved by both the House and the Senate. However, the Senate is evenly split at 50 - 50.



      Now there have been tie votes in the Senate, and they are resolved by the President of the Senate casting a deciding vote if he/she so chooses.



      But, Constitutionally, the Vice-President is the President of the Senate! And there isn't one yet! The tie vote is to confirm the selection of a Vice-President!



      So, in the absence of a Vice-President, how is a tie in a Senate vote decided?










      share|improve this question















      Whenever the Office of President of the United States becomes vacant, whether by resignation, impeachment, ill health, whatever, the reason is immaterial.



      Naturally, the Vice President takes over the presidency. No problem: sadly, it's happened before.



      One of the new President's necessary acts is to select a new Vice-President, to fill out the remainder of the term before the next election. The selection must be approved by both the House and the Senate. However, the Senate is evenly split at 50 - 50.



      Now there have been tie votes in the Senate, and they are resolved by the President of the Senate casting a deciding vote if he/she so chooses.



      But, Constitutionally, the Vice-President is the President of the Senate! And there isn't one yet! The tie vote is to confirm the selection of a Vice-President!



      So, in the absence of a Vice-President, how is a tie in a Senate vote decided?







      united-states us-constitution president vice-president






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      edited 31 mins ago









      Cos Callis

      1856




      1856










      asked 3 hours ago









      DJohnM

      278210




      278210




















          2 Answers
          2






          active

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          up vote
          5
          down vote













          The Twenty-fifth Amendment states:




          Whenever there is a vacancy in the office of the Vice President, the
          President shall nominate a Vice President who shall take office upon
          confirmation by a majority vote of both Houses of Congress.




          Thus, in the absence of a majority the candidate would be denied the office.






          share|improve this answer




















          • ...and then what?
            – Strawberry
            3 hours ago






          • 1




            the new president would have to appoint another candidate and the process would start all over... technically. In reality they would know the results before the voting ever began and would probably pick another candidate going into the confirmation hearings.
            – Cos Callis
            3 hours ago










          • But what if the Senate majority could be reached by the vote of the President of the Senate? Who holds this position when there is no VP?
            – DJohnM
            1 hour ago






          • 2




            @DJohnM nobody
            – Cos Callis
            1 hour ago

















          up vote
          0
          down vote













          The general rule is that a tie vote in either house of Congress loses. Note that the Vice President may vote to create a tie, so that if the senate votes for some measure by 50-49 (one senator being absent or not voting for some reason), the Vice President may vote against it, create a tie, and the measure does not pass.






          share|improve this answer
















          • 1




            Please proof-read, are you claiming (incorrectly) that the Vice President may vote to CREATE a tie (or is that a typo) If that is not a typo, please source a single example of that. The Vice President may only vote AFTER the tie has been declared.
            – Cos Callis
            1 hour ago






          • 1




            US Constitution, Article I, section 3, paragraph 4: "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."
            – David Thornley
            19 mins ago










          • @DavidThornley please change your name, it is confusing to look at the answerer and your name and not immediately realize it was not the answerer responding.
            – opa
            18 mins ago










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          2 Answers
          2






          active

          oldest

          votes








          2 Answers
          2






          active

          oldest

          votes









          active

          oldest

          votes






          active

          oldest

          votes








          up vote
          5
          down vote













          The Twenty-fifth Amendment states:




          Whenever there is a vacancy in the office of the Vice President, the
          President shall nominate a Vice President who shall take office upon
          confirmation by a majority vote of both Houses of Congress.




          Thus, in the absence of a majority the candidate would be denied the office.






          share|improve this answer




















          • ...and then what?
            – Strawberry
            3 hours ago






          • 1




            the new president would have to appoint another candidate and the process would start all over... technically. In reality they would know the results before the voting ever began and would probably pick another candidate going into the confirmation hearings.
            – Cos Callis
            3 hours ago










          • But what if the Senate majority could be reached by the vote of the President of the Senate? Who holds this position when there is no VP?
            – DJohnM
            1 hour ago






          • 2




            @DJohnM nobody
            – Cos Callis
            1 hour ago














          up vote
          5
          down vote













          The Twenty-fifth Amendment states:




          Whenever there is a vacancy in the office of the Vice President, the
          President shall nominate a Vice President who shall take office upon
          confirmation by a majority vote of both Houses of Congress.




          Thus, in the absence of a majority the candidate would be denied the office.






          share|improve this answer




















          • ...and then what?
            – Strawberry
            3 hours ago






          • 1




            the new president would have to appoint another candidate and the process would start all over... technically. In reality they would know the results before the voting ever began and would probably pick another candidate going into the confirmation hearings.
            – Cos Callis
            3 hours ago










          • But what if the Senate majority could be reached by the vote of the President of the Senate? Who holds this position when there is no VP?
            – DJohnM
            1 hour ago






          • 2




            @DJohnM nobody
            – Cos Callis
            1 hour ago












          up vote
          5
          down vote










          up vote
          5
          down vote









          The Twenty-fifth Amendment states:




          Whenever there is a vacancy in the office of the Vice President, the
          President shall nominate a Vice President who shall take office upon
          confirmation by a majority vote of both Houses of Congress.




          Thus, in the absence of a majority the candidate would be denied the office.






          share|improve this answer












          The Twenty-fifth Amendment states:




          Whenever there is a vacancy in the office of the Vice President, the
          President shall nominate a Vice President who shall take office upon
          confirmation by a majority vote of both Houses of Congress.




          Thus, in the absence of a majority the candidate would be denied the office.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered 3 hours ago









          Cos Callis

          1856




          1856











          • ...and then what?
            – Strawberry
            3 hours ago






          • 1




            the new president would have to appoint another candidate and the process would start all over... technically. In reality they would know the results before the voting ever began and would probably pick another candidate going into the confirmation hearings.
            – Cos Callis
            3 hours ago










          • But what if the Senate majority could be reached by the vote of the President of the Senate? Who holds this position when there is no VP?
            – DJohnM
            1 hour ago






          • 2




            @DJohnM nobody
            – Cos Callis
            1 hour ago
















          • ...and then what?
            – Strawberry
            3 hours ago






          • 1




            the new president would have to appoint another candidate and the process would start all over... technically. In reality they would know the results before the voting ever began and would probably pick another candidate going into the confirmation hearings.
            – Cos Callis
            3 hours ago










          • But what if the Senate majority could be reached by the vote of the President of the Senate? Who holds this position when there is no VP?
            – DJohnM
            1 hour ago






          • 2




            @DJohnM nobody
            – Cos Callis
            1 hour ago















          ...and then what?
          – Strawberry
          3 hours ago




          ...and then what?
          – Strawberry
          3 hours ago




          1




          1




          the new president would have to appoint another candidate and the process would start all over... technically. In reality they would know the results before the voting ever began and would probably pick another candidate going into the confirmation hearings.
          – Cos Callis
          3 hours ago




          the new president would have to appoint another candidate and the process would start all over... technically. In reality they would know the results before the voting ever began and would probably pick another candidate going into the confirmation hearings.
          – Cos Callis
          3 hours ago












          But what if the Senate majority could be reached by the vote of the President of the Senate? Who holds this position when there is no VP?
          – DJohnM
          1 hour ago




          But what if the Senate majority could be reached by the vote of the President of the Senate? Who holds this position when there is no VP?
          – DJohnM
          1 hour ago




          2




          2




          @DJohnM nobody
          – Cos Callis
          1 hour ago




          @DJohnM nobody
          – Cos Callis
          1 hour ago










          up vote
          0
          down vote













          The general rule is that a tie vote in either house of Congress loses. Note that the Vice President may vote to create a tie, so that if the senate votes for some measure by 50-49 (one senator being absent or not voting for some reason), the Vice President may vote against it, create a tie, and the measure does not pass.






          share|improve this answer
















          • 1




            Please proof-read, are you claiming (incorrectly) that the Vice President may vote to CREATE a tie (or is that a typo) If that is not a typo, please source a single example of that. The Vice President may only vote AFTER the tie has been declared.
            – Cos Callis
            1 hour ago






          • 1




            US Constitution, Article I, section 3, paragraph 4: "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."
            – David Thornley
            19 mins ago










          • @DavidThornley please change your name, it is confusing to look at the answerer and your name and not immediately realize it was not the answerer responding.
            – opa
            18 mins ago














          up vote
          0
          down vote













          The general rule is that a tie vote in either house of Congress loses. Note that the Vice President may vote to create a tie, so that if the senate votes for some measure by 50-49 (one senator being absent or not voting for some reason), the Vice President may vote against it, create a tie, and the measure does not pass.






          share|improve this answer
















          • 1




            Please proof-read, are you claiming (incorrectly) that the Vice President may vote to CREATE a tie (or is that a typo) If that is not a typo, please source a single example of that. The Vice President may only vote AFTER the tie has been declared.
            – Cos Callis
            1 hour ago






          • 1




            US Constitution, Article I, section 3, paragraph 4: "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."
            – David Thornley
            19 mins ago










          • @DavidThornley please change your name, it is confusing to look at the answerer and your name and not immediately realize it was not the answerer responding.
            – opa
            18 mins ago












          up vote
          0
          down vote










          up vote
          0
          down vote









          The general rule is that a tie vote in either house of Congress loses. Note that the Vice President may vote to create a tie, so that if the senate votes for some measure by 50-49 (one senator being absent or not voting for some reason), the Vice President may vote against it, create a tie, and the measure does not pass.






          share|improve this answer












          The general rule is that a tie vote in either house of Congress loses. Note that the Vice President may vote to create a tie, so that if the senate votes for some measure by 50-49 (one senator being absent or not voting for some reason), the Vice President may vote against it, create a tie, and the measure does not pass.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered 2 hours ago









          David Siegel

          2,464421




          2,464421







          • 1




            Please proof-read, are you claiming (incorrectly) that the Vice President may vote to CREATE a tie (or is that a typo) If that is not a typo, please source a single example of that. The Vice President may only vote AFTER the tie has been declared.
            – Cos Callis
            1 hour ago






          • 1




            US Constitution, Article I, section 3, paragraph 4: "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."
            – David Thornley
            19 mins ago










          • @DavidThornley please change your name, it is confusing to look at the answerer and your name and not immediately realize it was not the answerer responding.
            – opa
            18 mins ago












          • 1




            Please proof-read, are you claiming (incorrectly) that the Vice President may vote to CREATE a tie (or is that a typo) If that is not a typo, please source a single example of that. The Vice President may only vote AFTER the tie has been declared.
            – Cos Callis
            1 hour ago






          • 1




            US Constitution, Article I, section 3, paragraph 4: "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."
            – David Thornley
            19 mins ago










          • @DavidThornley please change your name, it is confusing to look at the answerer and your name and not immediately realize it was not the answerer responding.
            – opa
            18 mins ago







          1




          1




          Please proof-read, are you claiming (incorrectly) that the Vice President may vote to CREATE a tie (or is that a typo) If that is not a typo, please source a single example of that. The Vice President may only vote AFTER the tie has been declared.
          – Cos Callis
          1 hour ago




          Please proof-read, are you claiming (incorrectly) that the Vice President may vote to CREATE a tie (or is that a typo) If that is not a typo, please source a single example of that. The Vice President may only vote AFTER the tie has been declared.
          – Cos Callis
          1 hour ago




          1




          1




          US Constitution, Article I, section 3, paragraph 4: "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."
          – David Thornley
          19 mins ago




          US Constitution, Article I, section 3, paragraph 4: "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."
          – David Thornley
          19 mins ago












          @DavidThornley please change your name, it is confusing to look at the answerer and your name and not immediately realize it was not the answerer responding.
          – opa
          18 mins ago




          @DavidThornley please change your name, it is confusing to look at the answerer and your name and not immediately realize it was not the answerer responding.
          – opa
          18 mins ago

















           

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