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Sat Feb 23, 2019, 10:23 AM

Hypothetical presidential eligibility question

Iím just curious how this would work. Letís say in our hypothetical scenario that a 33 year old was elected President. Shortly after assuming office, the 33 year oldís age was discovered. Now letís say that the congress is controlled by that personís party and impeachment isnít considered.

How would the person be removed from office? Is there a mechanism?

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Reply Hypothetical presidential eligibility question (Original post)
PTWB Feb 2019 OP
Ilsa Feb 2019 #1
PTWB Feb 2019 #2
manor321 Feb 2019 #3
PTWB Feb 2019 #4
EffieBlack Feb 2019 #5

Response to PTWB (Original post)

Sat Feb 23, 2019, 10:26 AM

1. How would it not be discovered before an election?

Why wouldn't opposition research uncover it?

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Response to Ilsa (Reply #1)

Sat Feb 23, 2019, 10:31 AM

2. I'm sure it would be. I'm just curious about the mechanism, if one exists

If there is such a mechanism.

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Response to PTWB (Original post)

Sat Feb 23, 2019, 10:40 AM

3. Impeachment is the only mechanism. No other.

 

Or the 25th Amendment, but I don't think it would apply here.

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Response to manor321 (Reply #3)

Sat Feb 23, 2019, 11:18 AM

4. Assuming our hypothetical candidate was unaware of his or her true age..

And didnít lie, or commit any crimes, would impeachment still apply?

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Response to PTWB (Original post)

Sat Feb 23, 2019, 12:35 PM

5. I'm not sure impeachment would be required

If she's constitutionly eligible to be president, there's a question whether she was actually president, notwithstanding having been sworn in. The question would be whether the congressional certification of the Electoral College results and oath of office makes whomever it's administered to president, even if the person is ineligible.

If the answer is no, impeachment would probably not be necessary - the vice president could be sworn in.

William Manchester analyzed a similar question in Death of a President - whether the vice president automatically became president immediately upon the death of the president or if the oath needed to administered in order to make him/her president.

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