Aug 052010
 

constitution

We have been covering the US Constitution line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  We have finished the main body of the Constitution.  Now we continue with the Amendments.  You can find the last article on the main body of the Constitution here. It has links to all the others.  The text comes from The US Constitution.  Previous articles in the Amendment series:

Article I
Articles II and III
Article IV
Article V
Article VI
Article VII
Article VIII
Articles IX and X
Articles XI and XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
Article IX
Article XX
Articles XXI and XXII
Articles XXIII and XXIV

 

Amendment XXV

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

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.

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.

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 principal officers of 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. Thereupon 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 Twenty fifth Amendment, ratified in 1965, establishes executive succession in the event of death or incapacity.  If a President states that he is no longer incapacitated only a two thirds majority vote of both Houses can block his return.  The amendment is not controversial.

Barring unforeseen circumstances, this series should conclude tomorrow.

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  9 Responses to “Constitutional Amendments: Article XXV”

  1. This amendment may not controversial but I have read and heard from several sources it is a badly written cluster fu*k just waiting to blow up in the country’s face.

    I’m trying to imagine how any part of this amendment would be handled in this day and age without partisan fighting should any president find him or herself unable to perform the duties of the office.

  2. Reagan, Bush, Cheney, all could have been overthrown as incompetent to hold the office. What a waste of an opportunity.

  3. I recall reading once that during Regan’s presidency, members of his cabinet conspired on using the 25th amendment to strip Reagan of power because he seemed disinterested in the office and sometimes confused (possibly beginning of his Alzheimers), but on the day they were ready to confront the president, he came in and was very clear and comprehensive and so they scrapped their plan…

    I think that this amendment could have the potential to be dangerous should an ambitious VP find an opportunity to take power away from the president and get the cabinet behind him…

    • Kevin, I had heard that too. If the President disagrees and says that he is fit, it takes a 2/3 vote of both Houses to keep him out. Then the very next day, he could claim that he was fit again. Impeachment would be a more productive route for an ambitious VP wit sufficient congressional support.

  4. Everyone, had McConJob been elected, we would have seen the first test of this as Mooseolini would write the reasons for incapacity on her hand.

  5. …Brings us back to the opening of the Declaration of Indepence…”All men are created equal…”

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