Category Archives: 25th Amendment
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
ARTICLE II, SECTION 1, CLAUSE 6
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.
25th Amendment, Section 4
When the USS Caine, a fictional minesweeper in WWII, was in danger of foundering in a hurricane, the Executive Offer, with the encouragement of the Wardroom, relieved the CO and “saved” the ship. It was a clear-cut case of mutiny, and as such a Court Martial would be required to resolve the matter. In the climactic moment, it becomes clear that though the Captain may be in trouble, the XO acted improperly and precipitously. He was not well advised and the Wardroom failed in its primary duty.
The interesting thing is that the movie itself, and specifically was in the minds of the commission that gathered to consider the words of what would become the 25th Amendment to the US Constitution.
Today you can buy a “25/45” T-shirt and you’ll hear Talking Heads debating the whole idea of how the 25th Amendment could be used to rid the country of the hated Trump. What was once considered a ridiculous idea has gained enough steam that Vice President Pence had to specifically deny that he had conversations with the Cabinet regarding the implementation of the 25th. In fact, many people still believe that he wrote the infamous New York Time Op-Ed as the opening shot of a 25th coup d’état.
The problem is that the 25th was never intended to get rid of a President because some part of the country doesn’t like the way he parts his hair…
Forty-Four times the nation has transitioned from one President to another. Some of those weren’t as much transitions as they were emergencies. Eight times, (18%) the Vice President has been called upon to become President after the death of the sitting President. John Tyler, Millard Fillmore, Andrew Johnson, James Garfield, Teddy Roosevelt, Calvin Coolidge, Harry Truman and Lyndon Johnson all took office after the death of the President put them in the White House.
Twelve times (27%) a member of the same Political Part as the President took office following the end of the previous terms. On one occasion (2%), a Vice President took office when the President resigned (Ford). Read the rest of this entry