OK, let’s take a look at the 25th Amendment to see how ludicrous this overreach is by Congress.
BREAKING: Republicans have blocked House on calling on Pence and Cabinet to remove Trump under the 25th Amendment.
— Kambree (@KamVTV) January 11, 2021 [1]
Amendment 25th [Proposed 1965; Ratified 1967]
Section. 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
This amendment was passed in the wake of the assassination of President Kennedy.The first section clarifies that the Vice President is not the acting President, but rather, he becomes the President.
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.
This section fills a hole that existed in the Constitution, regarding what to do to replace a Vice President.The original fear was that if the President was killed or resigned and the Vice President took over there would be no Vice President.This section calls for the selection of a Vice President, by having the President nominate a candidate. Then the Congress must approve the nomination, by a simple majority.This amendment became especially relevant, when during the second term of President Nixon, the Vice President Spiro Agnew was accused of crimes while being governor of Maryland. Agnew was forced to resign as Vice President.President Nixon then nominated Congressman Gerald Ford to be Vice President. When President Nixon was forced to resign, due to the Watergate scandal, Vice President Ford became the first President not to be elected to national office.
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 provides a method for the President to resign temporarily, due to a medical or other condition.It was used by President Reagan when he was shot. To regain the power of Presidency, the President merely has to send a letter saying he is fit to return.
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 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 final section of this amendment provides for a situation where a President is either unwilling or unable to state he or she is unfit for office.If the Vice President is supported by a majority vote of the cabinet to say that the President is unable to discharge the office, then the Vice President takes over.The President can then send a letter saying he or she is now fit.The Vice President can, with support of the cabinet, disagree. In this case, the Congress needs to convene. Only if a 2/3 vote of both houses agree with the Vice President, does he remain acting President. credit: MultiEducator Constitution App 2016
This piece was written by Col. Rob Maness on January 11, 2021. It originally appeared in RobManess.com [2] and is used by permission.
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