Whatever Became of the 25th Amendment?

[WorldWatcher]

Whatever Became of the 25th Amendment?​

Let's take a look at the 25th Amendment, it is not a "bumper sticker" get out of jail free card to fire a President. As a matter of fact, the 25th doesn't really remove the President. It's used for a period of incapacitation to allow the VP to function as the Acting President, the VP doesn't become President.

So the applicable section says:

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.

So now let's review the sequence of steps:

1. The VP thinks the President is incapacitated (the VP's approval is required) calls the Cabinet to have a vote.
2. If the majority of the cabinet agrees with the VP, then a letter is sent to the Senate and the House and the VP assumes the duties of President.
3. If the President disagrees, all (s)he has to do is send a letter to the Senate and the House notifying them (he)r isn't incapacitated and they reassume the duties of President. This can happen so fast that the VP really doesn't have any time to function as President.
4. The VP and Cabinet recertify the Presidents incapacity and retransmit it to Congress within 4 days.
5. Once the 2nd incapacity notification is received Congress has 48 hours to assemble and then has 21 days to vote on the action.
6. BOTH Chambers are required to vote with a 2/3rds majority.
7. If the 2/3rds majority approves the action, the VP becomes Acting President. Notice the President is not removed from office, the VP doesn't become President, they become the acting President. Which means (s)he can be returned to full duty at a later day upon resubmission.
8. If the 2/3rds majority is not reached, the President remains on duty.

So:

A. The VP has to approve the action, no if ands or buts. The only "majority vote" applies to the cabinet members. Meaning it's VP + majority of cabinet. With Harris as the VP, the 25th will not be invoked.

B. There is no way in hell that BOTH chambers of Congress are going to agree to vote 2/3rds to agree. The DEMs will not vote to sideline their own President and the GOP isn't going to attempt to sideline Biden because they want him front and center until the election.

Just my thoughts.

WW

 

[protectionist]

awwwwww

The poor MAGAT is too stupid to realize he just agreed with me.

You're too stupid to realize that I DISagreed with you.

 

[protectionist]

Whatever Became of the 25th Amendment?​

Let's take a look at the 25th Amendment, it is not a "bumper sticker" get out of jail free card to fire a President. As a matter of fact, the 25th doesn't really remove the President. It's used for a period of incapacitation to allow the VP to function as the Acting President, the VP doesn't become President.

So the applicable section says:



So now let's review the sequence of steps:

1. The VP thinks the President is incapacitated (the VP's approval is required) calls the Cabinet to have a vote.
2. If the majority of the cabinet agrees with the VP, then a letter is sent to the Senate and the House and the VP assumes the duties of President.
3. If the President disagrees, all (s)he has to do is send a letter to the Senate and the House notifying them (he)r isn't incapacitated and they reassume the duties of President. This can happen so fast that the VP really doesn't have any time to function as President.
4. The VP and Cabinet recertify the Presidents incapacity and retransmit it to Congress within 4 days.
5. Once the 2nd incapacity notification is received Congress has 48 hours to assemble and then has 21 days to vote on the action.
6. BOTH Chambers are required to vote with a 2/3rds majority.
7. If the 2/3rds majority approves the action, the VP becomes Acting President. Notice the President is not removed from office, the VP doesn't become President, they become the acting President. Which means (s)he can be returned to full duty at a later day upon resubmission.
8. If the 2/3rds majority is not reached, the President remains on duty.

So:

A. The VP has to approve the action, no if ands or buts. The only "majority vote" applies to the cabinet members. Meaning it's VP + majority of cabinet. With Harris as the VP, the 25th will not be invoked.

B. There is no way in hell that BOTH chambers of Congress are going to agree to vote 2/3rds to agree. The DEMs will not vote to sideline their own President and the GOP isn't going to attempt to sideline Biden because they want him front and center until the election.

Just my thoughts.

WW

We'll be rid of Biden in Jan 2025. Hopefully, he won't totally destroy the country by then.

 

[Dadoalex]

You're too stupid to realize that I DISagreed with you.

That's what you "think."

 

[protectionist]

That's what you "think."

You are lost in this exchange. Common among liberals.

 

[Dadoalex]

You are lost in this exchange. Common among liberals.

I'm not lost.
i'm replying to a mountain of horse crap with a backhoe and firehose.
And having your shit exposed just drive you MAGATS batty.

 

[excalibur]

 

[JustAGuy1]

It's still there, no one is talking about it because everyone knows Joe Biden is fine.

We do still have it just in case tRump isn't dead or imprisoned before the election and somehow manages to chest his way into office.

Stupid people maintain that Joe is fine, he's not.

 

[excalibur]

Stupid people maintain that Joe is fine, he's not.

Right here:

Psychiatrist Behind Trump 25th Amendment Push Defends Biden

Bandy X. Lee led 37 psychologists in claiming Trump was “dangerous,” but says “cognitive decline is a normal part of aging” for Biden.

www.dailysignal.com

 

[JustAGuy1]

Right here:

Psychiatrist Behind Trump 25th Amendment Push Defends Biden

Bandy X. Lee led 37 psychologists in claiming Trump was “dangerous,” but says “cognitive decline is a normal part of aging” for Biden.

www.dailysignal.com

Don't be stupid. His mind is gone.