Joe Biden’s performance in the recent presidential debate allowed Democrats to say the quiet part out loud and begin to express public doubts about renominating the current president amid clear signs of his physical and mental decline. But those concerns should range far beyond the (understandable) worries about Vice President Kamala Harris ascending to the presidency.
With margins in Congress razor-thin over the past several years, a vacancy in the presidency could alter the balance of power in the legislative branch as well. Few people appear to have spent time going beyond the idea of replacing a president midterm to analyze the implications of confirming a replacement vice president.
Loss of Party Control
Consider the situation in January 2021 at the time of Biden’s inauguration. In addition to capturing the presidency, Democrats retained control of the House of Representatives by a narrow 222-seat majority. Because Senate control was a 50-50 tie following the two Georgia runoff elections that month, Democrats regained the majority when Harris took the oath of office as vice president.
At the time of his 2021 inauguration, Biden became the oldest president in American history. If something had happened to his health during the 117th Congress, the consequences would have ranged far beyond putting Harris in the Oval Office.
Section 1 of the 25th Amendment clearly states that upon the death of the president, “the Vice President shall become President,” meaning Harris would have become chief executive immediately.
But elevating Harris to the presidency would have made
