This might be the first time in history that the Senate has an odd member count, ignoring the VP. and speaking of the VP, there will be none. there will also be no President or Cabinet at all. and so, the order of succession carries on.
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this is where things get interesting: a mathematical majority in this Rump Senate is 31.5. The Democrats’ 31 members alone cannot constitute a majority in this Senate. if they continue caucusing with the 2 Independents that’s fine. but what if they decide not to?
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If the Senate cannot form a majority of any party, then no one in the Senate can be selected to assume the Presidency by order of succession. I’ll have to get back to you on who’s in line to be President after The Entirety of the Executive and Legislative Branches
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This means that jointly, if they choose to stop caucusing with the Democrats, which they have everything to gain and nothing to lose for doing, Independent Senators Bernie Sanders and Angus King will literally decide who becomes President merely by party caucusing.
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if these two Senators choose to caucus with Republicans, Steve Bannon will become President until the election concludes, whenever that happens. It’s not Chuck Grassley, as seniority is based on continuous service. if they go with the Dems, the President will be Patrick Leahy.
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when the Independent Senators pick a party to caucus with, their President will likely appoint a VP of like party, and for the Dems that means they regain control of the Senate, even without the Independents.
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Since they control the Presidency and the Senate, they can safely let Ruth Bader Ginsburg retire and appoint + confirm someone else in her place. None of this happens unless Angus King and Bernie Sanders choose to caucus with them.
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This is a single-shot trick, but it’s a big one. If Sanders can put these details together, he would have a huge leverage to swing over the DNC and all of their hem-hawing around. It depends on nothing else happening except the election getting postponed.
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Unfortunately for the primary, if Sanders never resumes his campaign and snatches the nomination, Biden will be the DNC nominee until the election concludes. DNC is unlikely to rerun their primary, and will probably lose to Trump.
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The DNC can always change their internal bylaws, but it’s going to be a question of what’s easy and what’s hard. this means that repolling is not a realistic path for them. Once the Convention happens, it’s a locked-in clutch until the election concludes, whenever that is. (end)
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i like this thinking, but we may need a more antifrafile plan in my opinion
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