What happens to J.D. Vance's Senate seat now that he is projected to be vice president? from

What Happens to J.D. Vance's Senate Seat if He Becomes Vice President?

An In-Depth Analysis of the Legal and Constitutional Implications

With the 2024 presidential election approaching, there is speculation that Ohio Senator J.D. Vance may be a potential vice presidential candidate. If Vance were to be elected vice president, what would happen to his Senate seat?

Legal and Constitutional Framework

The United States Constitution does not explicitly address what happens to a Senate seat when the incumbent is elected vice president. However, the Constitution does provide that the vice president is the President of the Senate. This means that the vice president has the power to preside over the Senate and cast a tie-breaking vote.

In the event that the vice president is unable to fulfill their duties as President of the Senate, the Senate may elect a President pro tempore. The President pro tempore is a senator who presides over the Senate in the absence of the vice president.

Historical Precedents

There have been several instances in US history when a sitting senator has been elected vice president. In each case, the senator has resigned from their Senate seat after being elected vice president.

For example, in 1857, John C. Breckinridge of Kentucky was elected vice president. Breckinridge resigned from his Senate seat shortly after being elected vice president.

More recently, in 2009, Joe Biden of Delaware was elected vice president. Biden resigned from his Senate seat shortly after being elected vice president.

Potential Scenarios for J.D. Vance

If J.D. Vance were to be elected vice president, there are several possible scenarios for what could happen to his Senate seat:

Vance could resign from his Senate seat after being elected vice president. This is the most likely scenario, as it is the precedent that has been set in previous instances.
Vance could choose not to resign from his Senate seat. This is a less likely scenario, as it would be unprecedented. However, it is possible that Vance could argue that he is able to fulfill his duties as both vice president and senator.
The Senate could expel Vance from his seat. This is the least likely scenario, as it would require a two-thirds vote of the Senate. However, it is possible that the Senate could argue that Vance is unable to fulfill his duties as a senator while serving as vice president.

Conclusion

The question of what will happen to J.D. Vance's Senate seat if he is elected vice president is a complex one. There is no clear answer, as the Constitution does not explicitly address this issue. However, the historical precedent suggests that Vance would likely resign from his Senate seat after being elected vice president.