What is the only duty of the Vice President according to the Constitution?

On Friday afternoon, a joint session of Congress is expected to certify Donald Trump as the winner of the 2016 presidential election. Under the current version of the Constitution, does the President Elect have any constitutional duties or rights?

The words "President Elect" simply appear four times in the Constitution, and they didn't appear until 1933, when the 20th Subpoena deemed for the unavailability of the President Elect to take the oath of function on Inauguration Solar day. That almost happened in 1877, when the disputed election betwixt Rutherford Hayes and Samuel Tilden was decided and certified in Hayes' favor just iii days before his inauguration.

Once a candidate is certified by Congress as the winner of a presidential election, or a President is selected by the House in a run-off contingent election, the only ramble provisions related to the President Elect are related to the winner'due south availability to take the oath of office.

Link: Watch Congressional Vote Counting On C-Bridge

Once a candidate is certified past Congress every bit the winner of a presidential ballot, or a President is selected past the House in a run-off contingent ballot, the only constitutional provisions related to the President Elect are related to the winner's availability to have the oath of office.

Commodity II, Section i, Clause 8 of the Constitution requires the presidential oath of part: "Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

The 20th Subpoena was a wide effort to address the long lame-duck catamenia between presidential and congressional elections, and the inauguration of the President. Prior to its Jan 1933 ratification, the President took the oath about four months after the election. The 20th Amendment established the start of a new Congress in early on January, with the presidential inauguration following almost three weeks later.

It also addressed the possibility of a President Elect non qualifying for office. In several cases in improver to the Hayes-Tilden election, that might accept been a possibility. In January 1853, President Elect Franklin Pierce survived a train accident that killed his 11-year-old son. Four years after, President Elect James Buchanan battled a serious illness contracted at Washington'south National Hotel equally he planned his inauguration.

And in Feb 1933, President Elect Franklin Roosevelt survived an assassination attempt in Miami, about a month after the twenty^th Subpoena was ratified. The subpoena kept the 1933 inauguration date in March for the concluding time, but it also put into effect 3 provisions about a President Elect.

"If, at the time fixed for the outset of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not accept been chosen before the fourth dimension fixed for the beginning of his term, or if the President elect shall accept failed to qualify, and then the Vice President elect shall act every bit President until a President shall accept qualified," Department three of the amendment reads.

Under the Constitution'south Qualification Clause in Article II, Department ane, "No Person except a natural born Denizen, or a Citizen of the Usa, at the fourth dimension of the Adoption of this Constitution, shall exist eligible to the Role of President; neither shall any person be eligible to that Office who shall not accept attained to the Historic period of thirty v Years, and been fourteen Years a Resident inside the United States."

The 20^th Amendment allows Congress to pass laws that bargain with the unavailability of President Elect and Vice President Elect on Inauguration Twenty-four hours. The Presidential Succession Act of 1947 puts the Speaker of the House every bit commencement in position as Acting President until a President Elect or Vice President Elect qualifies for function.

And as for the matter of when the winner of the election actually becomes "President Elect," that happens in a literal sense afterwards Congress certifies the election results.

Yale scholar Akhil Reed Amar has written oftentimes on subjects related to presidential succession and his 1994 constabulary review article is still cited today. (The article was also part of testimony Amar gave to the Senate in 1994.)

"Article Two and the Twelfth Amendment seem to focus on the formal counting of votes in the Congress equally the magic, formal moment of vesting in which the winning candidate is elected every bit 'President,'" Amar argued. "Although the legislative history of the Twentieth Amendment suggests that the electoral college winner is 'President elect' the moment the eIectoral higher votes are cast, and earlier they are counted in Congress, the text of the Amendment fails to say this explicitly."

As far as ramble duties placed on the official President Elect, that person becomes a regime official afterward taking the adjuration, which qualifies the new President to start the "Execution of his Office." The primeval that can happen is at 12 p.grand. on Jan 20. Prior to Inauguration Solar day and taking the adjuration, a President Elect is entitled to Undercover Service protection and as well the use of office space nether the Pre-Ballot Presidential Transition Human activity of 2010.

Scott Bomboy is the editor in main of the National Constitution Middle.

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Source: https://constitutioncenter.org/interactive-constitution/blog/what-constitutional-duties-are-placed-on-the-president-elect

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