Are there grounds for a president to remain in office even if their term's up, or they lose?

I don't think there are, atleast not explicitly, and atleast not any longer. But just in case, I was wondering if anyone more familiar than I am with the laws and regulations regarding presidential terms of office could clear this up.

Can a president stay in office if a major conflict breaks out during their term, even once their term is up anymore? If so, would this apply even if they were defeated in an election by an opponent? Could they even go so far as to not have an election?

I want to go on record as saying I SERIOUSLY doubt this could ever happen (especialy if they didn't win).

But, I am curious as to whether there is any interpretation, by any stretch of the imagination, whereby this could occur.

Thanks.

[edit on 17-6-2004 by AceWombat04]

[edit on 17-6-2004 by AceWombat04]

This has just been brought up in another thread...as stated in that thread, what if a major attack took place on election day. An attach that prevented hundred of thousands or people from voting...would GWB (or congress) be able to declare the election null and void? Good question. Hopefully someone in the know of US election laws can spell it out for us.

Buy what I understand the One and only way the presadent could stay in office after his tream was up is by congress declaring Marchial law .
In wich all constatoishinal rights are suspended.
Ps my spelling is bad sorry.

Well if the the attack occured days before the election (and it prevented people from going to the polls) they would delay it until...whenever. If it's an attack where people can still get out and vote, I don't think they'd delay it.
If it happened on the day of the election then yes, it would be declared null and void (otherwise you'd have a lot of pissed off people) and a new date would be set almost immediately. If martial law were to be declared Bush would remain president until it's over and a new election date is set.

Well if martial law was declared, we'd be in a heap of it already anyway. So I guess if that's the only way it could happen (short of a runoff which wouldn't be a big deal), then we'd have much bigger problems to worry about than just who was president.

In the event of war the president may stay in office. I do not know the technicalities involved in that legislation. I will try to look it up this evening.

But your answer is buried in here...

www.archives.gov...

It is my understanding that only the Legislative Branch of the United States may prolong the proscribed "Term" for a President. Such instances might include natural disaster, war, or a legal challenge to the validity of the electoral vote as defined by the Federal Election Commission.

It's pretty specific but requires some familiarity with legalese to get to the bottom line. Hope this helps.

Just a minor point, but the president elect doesn't actually take office for a little while after the election-hence the term "lame duck president". Not sure exactly how long, but you can google it , i am sure.

But there are many other reasons for a President to be labeled as a "Lame Duck."

The answer as stated by others is only if the President declares martial law. This suspends the protections afforded under the Constitution.

If the Presedent doesn't declare martial law then the answer is no based on Amendment XXII of the Constitution which was ratified after the four term presidency of F.D.R. which states:


Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.


www.house.gov...

If the Presidents maximum term has been completed and a terror attack happens stopping voters from going to the poles on election day then the Congress will appoint a President based on Amendment XX which states the course of action in Section 3:


Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin

Section. 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Can anyone tell me which article/amendment to the constitution allows the president to suspend it with martial law?

Stupid constitution baring me from being President *mutters*

Originally posted by Indy
Can anyone tell me which article/amendment to the constitution allows the president to suspend it with martial law?

I always thought it was more a duty of Congress based on Article1, Section 8, Clause 15 which states:

Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

But then there is Article II, Section 2, Clause 1 that states:

Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States,...

Being the Commander in Chief of the Militia is supposed to let him run the show and declare martial law I would think. That's the only one I see. There may be others.

Originally posted by Indy
Can anyone tell me which article/amendment to the constitution allows the president to suspend it with martial law?

There is none. The writ of habeus corpus can be suspended, but only under conditions where the civil court system is unable to function.
It would require a big attack indeed to shut down the courts in the entire U.S.

What is Martial Law anyway?



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[edit on 17-6-2004 by HowardRoark]

Originally posted by Simcity4Rushour
Buy what I understand the One and only way the presadent could stay in office after his tream was up is by congress declaring Marchial law .
In wich all constatoishinal rights are suspended.
Ps my spelling is bad sorry.

We already have Martial Law. Hence the maritime flags you see in the courtroom with the gold fringes (war time flag/banner).

Originally posted by MOOR45

We already have Martial Law. Hence the maritime flags you see in the courtroom with the gold fringes (war time flag/banner).

Please define what you mean by Martial law.

Martial law, by definition is military rule or authority imposed on a civilian population when the civil authorities cannot maintain law and order, as in a time of war or during an emergency.

The important part of that definition, legally, is that civil authorities must be in a position where they cannot enforce public safety. Without that you have a breach of Posse Comitatus which states that our military CANNOT be used to police it's citizens. Only in the most extreme of circumstances would this be permitted.

The flags that you reference are just what you stated, a war-time flag.

[quote name='daniel' date='May 23 2007, 06:53 PM' post='23095']
its not like we can vote the black lodge out of office at this point......like you said they constitute both major parties in our coke vs pepsi political system (the correct choice being spring water is not on the ballot, see what i mean). this is all awful, and whats worse we're letting it distract us from the present moment! back to work!

Indeed.

I wonder when the Presidents started getting chosen behind the scenes, instead of voted in.

Could it coincide with the Zionist Federal Reserve?

Or has it always been that way since the beginning:

i like to think wwIII will at least hold off until after the retreat.....

Bush got the military commisions act passed he can declare marshall law at anytime and give his reason six months later.It doesn't make any difference anyway so I wouldn't worry to much about it.