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25th Amendment: why are some pundits so obsessed and confused by this?

  • Writer: Caroline Thew
    Caroline Thew
  • Apr 16, 2017
  • 4 min read

The 25th Amendment to the Constitution was ratified and added in 1967 formally detailing Presidential succession. There are 4 sections to this Amendment and I will go over each one.

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Keith Olbermann recently posted a YouTube video calling for new elections and mis-stating that the succession of the Vice President to President was a matter of tradition and not formally outlined in the Constitution. This is very clearly incorrect. While the tradition began more than a century before it was enshrined in the Constitution, the right of succession has indeed been formally stated.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

If the Vice President resigns, dies, is removed, or succeeds the President, he/she shall choose a Vice President and the nominee will have to be confirmed by both the House of Representatives and the Senate.

Section 3. Whenever the President transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

This section was used by Ronald Reagan while he was in surgery and recovery after being shot during an assassination attempt early in his first term.

The next section is the one that has the talking heads in a bother regarding the current administration.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President Pro Tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the executive department or of such other body as Congress may by law provide, transmit within four days to the President Pro Tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. There upon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

The President Pro Tempore is elected by the the Senate. The President of the Senate is the Vice President. The principal officers of the executive department are the cabinet members. If the Vice President and majority of the cabinet or other group that Congress provides by law tell the President Pro Tempore and the Speaker of the House in writing, that the President is unable to fulfill his obligations as President, the Vice President becomes the Acting President. The President can dispute this in writing to the President Pro Tempore and the Speaker of the House and resume his duties. But, if the Vice President and cabinet or other group as Congress provides by law writes the President Pro Tempore and the Speaker of the House within four days that the President is unable to fulfill his duties as President, Congress has to decide the issue. If they are not already in session, they must assemble within 48 hours for this issue. They have 21 days after the receipt of the last letter to decide by a 2/3 vote whether or not the President resumes his/her duties or the Vice President continues as Acting President.

The proponents of using this section of the amendment make many assumptions: 1) that the current President is unable to be the President, 2) that the Vice President and the cabinet would be willing and agree to take this action, 3) that the Vice President and cabinet have the political willpower to stand up to a challenge by the President to their claims including in the media both traditional and social, and 4) that there would be 2/3 of BOTH houses of Congress to decide the President is in fact unable to fulfill his duties and make the Vice President the Acting President. Given the massive upheavals and lack of cohesion from the White House and the acrimony in both the Senate and House among Democrats and Republicans, I do not see this scenario occurring unless something so egregious it causes a spontaneous moment of unity to occur.

Edited to correct a grammatical error.

 
 
 

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