Put another way, this section basically applies to a president who is disabled but unwilling to step aside. He or she may be stubborn, or be in the hands of a powerful staff or of a strong-willed spouse, the latter being Wilson's case. In early , White House aide Jim Cannon became intensely disturbed by reports from staffers about how the president had been acting.
He was lazy; he wasn't interested in the job. They said he wouldn't read the papers they gave him, even short papers and documents. They said he wouldn't come over to work. All he wanted to do was to watch movies and television at the residence. Finally, the text of the amendment is so vaguely written that it could conceivably be invoked for any reason — even one unrelated to health — so long as enough Cabinet secretaries and the VP are in agreement and two-thirds of both the House and Senate later back them up.
For this reason, Section 4 is a favorite of thriller writers concocting scenarios in which malefactors use some bogus pretext to depose the president. Birch Bayh wrote in a Judiciary Committee report on the proposal.
The Gerald R. Ford Library has posted many fascinating primary source documents on the drafting and passage of the 25th Amendment online at this link. For instance, what would the Secret Service do in this situation? The military?
If the vice president and Cabinet secretaries truly concluded that the president could not remain in office, they would need to document everything that led them to that conclusion and assemble an airtight public case. They would also need to be prepared for the sitting president to resist — either in the court of public opinion or otherwise.
Basically, things could get out of hand really fast. But if the vice president and Cabinet feel the situation is dire enough, it could be a risk worth taking. Perhaps the president is a basically rational person who just has a very strange and idiosyncratic personal style. They work with the president up close and see him in private. So if they see deeply troubling things, they are the ones who have the ability — and, arguably, the responsibility — to act. This article was originally published in It has been updated to reflect recent news.
Our mission has never been more vital than it is in this moment: to empower through understanding. Financial contributions from our readers are a critical part of supporting our resource-intensive work and help us keep our journalism free for all. Please consider making a contribution to Vox today to help us keep our work free for all. Cookie banner We use cookies and other tracking technologies to improve your browsing experience on our site, show personalized content and targeted ads, analyze site traffic, and understand where our audiences come from.
By choosing I Accept , you consent to our use of cookies and other tracking technologies. 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.
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 25th Amendment required then-President Richard Nixon to nominate a new vice president for Congressional approval. Nixon appointed Gerald Ford and Congress approved the nomination.
This left the vice presidency unoccupied, so Ford invoked the 25th amendment again and nominated Nelson Rockefeller to fill the vacancy. Bush while he underwent surgery for colon cancer. On June 29, , President George W. Bush invoked Section 3 of the 25th Amendment prior to going under anesthesia for a colonoscopy and briefly made Vice President Dick Cheney the acting president.
He did the same again when he had another colonoscopy in During Donald Trump 's term, some initiated dialog about invoking Section 4 of the 25th Amendment against him.
Still, the 25th Amendment exists to protect the democratically-elected President and the line of succession.
It makes it difficult to unseat a President without proven just cause and majority consensus. Is it Time to Talk About the 25th Amendment? John Tyler. The White House. The American Presidency Project. Presidential Succession. United States Senate.
The 25th Amendment: Section 4 and March 30, The Reagan Library Education Blog. The Establishment and First Uses of the 25th Amendment. Ford Library Museum. The Twenty-Fifth Amendment. National Constitution Center. Woodrow Wilson: Strokes and Denial. Worrying About Reagan.
The New Yorker. But if you see something that doesn't look right, click here to contact us! Subscribe for fascinating stories connecting the past to the present. Even before the U. Constitution was created, its framers understood that it would have to be amended to confront future challenges and adapt and grow alongside the new nation. In creating the amendment process for what would become the permanent U.
Constitution, the framers
0コメント