What would happen if both Trump and Pence were assassinated before taking office?
If both the President-elect and the Vice President-elect, in this case, Donald Trump and Mike Pence, were assassinated or incapacitated before taking office, the process for determining the next president would be governed by the U.S. Constitution and other relevant laws.
Here are the key steps that would be taken:
Electoral College and Succession
- If the President-elect dies or is incapacitated after the Electoral College has voted but before the inauguration, the 20th Amendment to the Constitution comes into play. According to Section 3 of the 20th Amendment, if the President-elect dies, the Vice President-elect becomes the President. However, if both the President-elect and the Vice President-elect are unable to take office, the line of succession would be followed4.
Line of Succession
- The line of succession is outlined in the Presidential Succession Act of 1947. After the Vice President, the next in line would be the Speaker of the House of Representatives, followed by the President pro tempore of the Senate, and then the Cabinet members in the order of their departments' creation. The first eligible person in this line of succession would assume the presidency4.
Congressional Involvement
- If there is a dispute or if no clear candidate is available due to the incapacitation or death of multiple individuals in the line of succession, Congress may need to intervene to resolve the issue. However, the primary mechanism for determining the next president would be through the established line of succession.
Party Rules
- While party rules can influence the selection of a new nominee if the original candidate is unable to run before the election, once the Electoral College has voted, these rules are less relevant. The focus shifts to the constitutional and statutory provisions for succession4.
In summary, if both Trump and Pence were assassinated or incapacitated before taking office, the Speaker of the House of Representatives or the next eligible person in the line of succession would assume the presidency, as dictated by the 20th Amendment and the Presidential Succession Act.