If President Biden resigns, Kamala Harris' vice president would be chosen

By 
 July 29, 2024

Since the resignation of President Joe Biden from his 2024 campaign, questions have swirled about what would be the outcome if the president also stepped down from his job as president altogether.

As is well known, Vice President Kamala Harris would, of course, assume the duties of president, but it would leave vacant the position she holds now as vice president, as Fox News reported.

On the other hand, should Biden decide to relinquish his position as chief executive, a constitutional succession procedure would be activated.

Since Biden abruptly pulled out of the 2024 presidential candidacy, speculation has intensified about who Harris might choose as her running mate and whether she'll get a shot at the Oval Office before the election even takes place.

Constitutionally Mandated Move

In the event that the president elects to resign prior to the conclusion of his term, a series of procedures will be implemented to establish a new cabinet.

In the event that the president is unable to fulfill their responsibilities as a result of death, resignation, removal from office, or any other circumstance, the vice president assumes the role of president, as stipulated in Article II, Section 1 of the Constitution.

So, that would mean that Kamala Harris would be sworn in as the 47th president and would serve out the remaining portion of his tenure if Biden does step down.

Each time a vice president is elevated to the position of president, the vice presidency falls vacant, which also has a constitutional fix.

The VP Spot

House Speaker Mike Johnson is third in line to the presidency; however, he would not assume the role if Harris were elected president.

The sole scenario in which the current speaker of the House assumes the role of president is when both the president and vice president pass away or resign simultaneously.

As stipulated in Section 2 of the 25th Amendment, the new president is accountable for appointing a new vice president when the vice president assumes the role of president.

If this scenario were to occur today, Harris would assume the presidency and propose a vice president.

Confirmation

Nevertheless, the selection must first be confirmed by a majority in both chambers of Congress, which is divided by party, with Republicans dominating the House and Democrats leading the Senate.

Because of this stipulation, the vice president's ratification would be subject to a vote in both the House and the Senate, something that would likely be difficult, considering the current political climate.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson