What Would Happen If Mike Pence Resigned and No One Wants the Position of Vice President?

Another hypothetical scenario emerges with the current political landscape. If Mike Pence were to resign as Vice President, and no one subsequently wanted to accept the position, the Speaker of the House, currently Nancy Pelosi, would assume the role. However, this is not the end of the story.

The 25th Amendment and Vice Presidential Vacancies

The U.S. Constitution's 25th Amendment offers a clear solution for such a situation. It states that 'if a President leaves office due to death, resignation, removal from office, or inability to serve, the Vice President becomes President.' If a Vice Presidency remains vacant, 'the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both houses of Congress.'

Let's imagine a scenario where Vice President Kamala Harris resigns a few months after the midterm elections. Under this amendment, President Biden could nominate his Attorney General, Merrick Garland, to fill the role. However, consider what would happen if the political landscape shifts such that the Republican-led Senate refuses to confirm this nomination.

Politics and Constitutional Integrity

After the midterms, if Democrats lose even a single Senate seat, the Republicans would control both the House and Senate. The Senate Majority Leader, Mitch McConnell, could refuse to schedule hearings and vote on Merrick Garland's nomination, effectively preventing him from becoming Vice President. This scenario would leave the United States with no Vice President until after the 2022 election.

McConnell's actions would defy the clear intentions of the 25th Amendment, but such behavior is not unprecedented in American political history. McConnell similarly refused to consider Barack Obama's nomination of Merrick Garland to the Supreme Court in 2016, despite bipartisan support for the nominee.

The long-term implications of such a vacuum in the Vice Presidency are significant. The Speaker of the House, Nancy Pelosi, would rise to the position of second-in-command, a role she has long been prepared for. However, this scenario would likely cause significant political turmoil and could have lasting effects on the balance of power within government.

Legal and Political Ramifications

Is McConnell's refusal to confirm Merrick Garland's nomination legally justifiable? The 25th Amendment does not specify the consequences of such actions, but it may challenge the spirit of the Constitution. While legal challenges could be mounted, political ramifications may be more immediate and impactful.

The current political climate in the U.S. has seen a rise in partisanship and the deliberate non-use of constitutional processes for political gain. This scenario highlights the potential weaknesses in the U.S. political system and the need for robust mechanisms to prevent such vacuums in critical roles.

Understanding the potential implications of a hypothetical Vice President resignation is crucial for both political insiders and the public at large as it underscores the importance of upholding constitutional integrity and the rule of law in the United States.