The topic of discussion for this Constitution Monday comes from the Twentieth Amendment of the Constitution of the United States: “… and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or 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.” This provision gives the people the right to have an acting President appointed if neither the President-elect nor the Vice President-elect qualifies for the office.
W. Cleon Skousen explained: “It is conceivable that a situation could arise where neither the President nor the Vice President could get a majority vote as required by the Constitution. This could easily occur if a multitude of political parties suddenly appeared on the scene….
“This provision anticipates such a situation and provides the necessary legal remedy to prevent a lapse of leadership during the qualifying process.” (See The Making of America – The Substance and Meaning of the Constitution, p. 753.)