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Barbara McQuade: A peaceful transfer of power is necessary for American democracy to survive.
https://www.theatlantic.com/ideas/archive/2020/02/what-if-he-wont-go/606259/
What If He Never Leaves?
7:00 AM ET
Barbara McQuade
Former U.S. attorney for the Eastern District of Michigan
If Donald Trump is defeated in November 2020, his presidency will end on January 20, 2021. If he is reelected, then, barring other circumstances such as removal from office, his administration will terminate on the same day in 2025. In either of these scenarios, Trump would cease to be president immediately upon the expiration of his term. But what if he won’t leave the White House?
The American Constitution spells out how the transfer of power is supposed to work. Article II provides that the president “shall hold his office for the term of four years.” The 20th Amendment says that the president’s and vice president’s terms “shall end at noon on the 20th day of January … and the terms of their successors shall then begin.” Of course, a president may be reelected to a second four-year term, but under the 22nd Amendment, “no person shall be elected to the office of president more than twice.”
For nearly 250 years, presidents have respected the law. Even when electoral defeat has been unexpected and ignominious, presidents have passed the baton without acrimony. In a sense, perhaps this is the central achievement of the American system: to have transferred power peacefully from one leader to the next, without heredity to guide the way.
That a president would defy the results of an election has long been unthinkable; it is now, if not an actual possibility, at the very least something Trump’s supporters joke about. As the former Arkansas Governor Mike Huckabee tweeted, President Trump “will be eligible for a 3rd term due to the illegal attempts by Comey, Dems, and media , et al attempting to oust him as @POTUS so that’s why I was named to head up the 2024 re-election.” A good troll though it may have been, Huckabee is not the first person to suggest that Trump might not leave when his presidency ends.
</snip>
What If He Never Leaves?
7:00 AM ET
Barbara McQuade
Former U.S. attorney for the Eastern District of Michigan
If Donald Trump is defeated in November 2020, his presidency will end on January 20, 2021. If he is reelected, then, barring other circumstances such as removal from office, his administration will terminate on the same day in 2025. In either of these scenarios, Trump would cease to be president immediately upon the expiration of his term. But what if he won’t leave the White House?
The American Constitution spells out how the transfer of power is supposed to work. Article II provides that the president “shall hold his office for the term of four years.” The 20th Amendment says that the president’s and vice president’s terms “shall end at noon on the 20th day of January … and the terms of their successors shall then begin.” Of course, a president may be reelected to a second four-year term, but under the 22nd Amendment, “no person shall be elected to the office of president more than twice.”
For nearly 250 years, presidents have respected the law. Even when electoral defeat has been unexpected and ignominious, presidents have passed the baton without acrimony. In a sense, perhaps this is the central achievement of the American system: to have transferred power peacefully from one leader to the next, without heredity to guide the way.
That a president would defy the results of an election has long been unthinkable; it is now, if not an actual possibility, at the very least something Trump’s supporters joke about. As the former Arkansas Governor Mike Huckabee tweeted, President Trump “will be eligible for a 3rd term due to the illegal attempts by Comey, Dems, and media , et al attempting to oust him as @POTUS so that’s why I was named to head up the 2024 re-election.” A good troll though it may have been, Huckabee is not the first person to suggest that Trump might not leave when his presidency ends.
</snip>
Okay, even Barb McQuade is concerned about this possibility.
2 replies
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