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What do you make of the cryptic email @FoxNews Congressional Correspondent @ChadPergram received about familiarizing himself with the confirmation process for a #VicePresident…? Hear the full story on @BretBaier’s #AllStarPanel #podcast, available now!


Brian Cates replies:

OK I looked into this sometime back after I saw some comments about what would have to happen if Joe Biden resigns and KOH-MAH-LAH suddenly became President.

Everybody assumes “Hey no problem! She just picks a Vice-President who gets instantly sworn in!” But…that’s not what what happens.

The President nominates a V-P, who has to go through a confirmation process in the Senate and the House.

It’s not an automatic given the V-P nominee gets a passing vote in either chamber.

Until someone nominated to be V-P passes a vote, there is no V-P.

Which means there’s no tiebreaker if the Congress ends up in a tie.  The V-P uses his/her vote to break the tie.

If you have no Vice-President, and the Congress ends up in a tie on a vote, then it’s a deadlock until another vote is held and somebody switches their vote.