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Can the Vice-President of the United States resign with a successor in place?


Section 2 of the Twenty-fifth Amendment to the U.S. Constitution states: "Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress." Suppose that a vice-president wishes to retire from the office on condition that a successor be selected and confirmed beforehand. (Cabinet officials and justices on the Supreme Court can do this.) Is this valid, or does there have to be a vacancy in the office before the 25th Amendment can be applied? I would appreciate sharing thoughts and opinions on this. Thanks in advance.

Thanks for the clarification, Cochise, regarding my statement about the Cabinet and Supreme Court justices. All I was pointing out was that confirmation hearings can begin with the predecessor still serving, but they have to had officially resigned at that point.

Both of the first two answers are correct, as far as they go.

Officially, the VP has no say in the matter and must vacate the office before the XXVth amendment kicks in. I suppose some sort of informal deal could be made ahead of time, but it certainly would not be binding or enforcable.

Until the vacant office of VP is filled in accordance with the XXVth amendment, the next in line of succession is the Speaker of the House, according to the Presidential Succession Act of 1947.

As for your assertion that members of the cabinet and Supreme Court justices can stay in office until a successor is selected and confirmed, it is true that some officials resign, but continue to serve until the vacancy is filled. However, that is totally up to the President and appointment and confirmation cannot be an enforcable part of the "deal" to vacate the office.

The Vice President has no say on the process. It's completely out of his/her hands.

If he resigns Nancy Pelosi takes his place, it's already stated in the Constitution. The successor would be the Speaker of the House.

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