The act, first of all, bespeaks a simplistic theory of democratic legitimacy that ignores the prominent role that political parties which have grown far more polarized since 1947 play in the American system. And it raises vexing legal and practical questions. Most lawyers believe that the speaker would have to resign from the House to serve as president, as a result of the Constitution obscure incompatibility clause, which says that Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
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