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  • Writer's pictureLeRoy Cossette

THE 25TH AMENDMENT - PRESIDENTIAL DISABILITY

Updated: Jul 7


We are at a point where the mental health of President Biden is questionable, and there is an increasing call to implement the 25th Amendment to remove President Biden from office and transfer all presidential responsibilities to the Vice President. So, what exactly does the 25th Amendment mean, and how does it work?


In essence, the 25th Amendment meticulously outlines the procedure for addressing questions of presidential succession and disability. President John F. Kennedy's assassination triggered this amendment, which Congress passed in July 1965. Three-quarters of the states ratified it in February 1967.


The first two sections of the 25th Amendment, which are built upon Article II, Section 1 of the Constitution, play a pivotal role in clarifying the process of presidential succession. They unequivocally state that the vice president assumes the role of president 'in case of the removal of the President from office or of his death or resignation.' This provision ensures the uninterrupted functioning of our government, providing a sense of reassurance to the public.

The 25th Amendment’s third and fourth sections deal with scenarios where a president may suffer from or be judged to have an “inability” or a “disability.”


Section 3 of the 25th Amendment addresses the voluntary transfer of power by the president. It allows the president to inform Congress that he has designated the vice president to act as president until he is able to resume his duties. This provision was invoked briefly after 1967 when Ronald Reagan and George W. Bush notified Congress that the vice president would be acting as president while under general anesthesia for medical procedures. These historical instances provide a clear understanding of the practical application of the 25th Amendment.


Section 4 is the most controversial part of the 25th Amendment: It permits the vice president and either the Cabinet or a body approved “by law” formed by Congress to jointly agree that “the President is unable to discharge the powers and duties of his office.” Theoretically, this clause was designed to deal with a situation where an incapacitated president could not tell Congress that the vice president needed to act on his behalf. It has never been invoked yet, but its potential impact is significant.


The current or acting heads of 15 cabinet positions must agree with the vice president to invoke the 25th Amendment. The other potential actor, a disability review panel, would need to be established by a statute signed by the president or, if vetoed, approved by two-thirds of the House and Senate. That panel is not currently established.


Section 4 was designed to deal with “an impairment of the President’s faculties, meaning that he is unable either to make or communicate his decisions as to his own competency to execute the powers and duties of his office.”


The 25th Amendment, where Section 4 could be invoked is when the President, by reason of mental debility, is unable or unwilling to make any rational decision, including particularly the decision to stand aside.”


Regardless of the reason to invoke the 25th Amendment, Congress set a high bar to allow its use. Once the vice president and either the Cabinet or a body approved by Congress agree to invoke the amendment, the vice president is allowed immediately to “assume the powers and duties of the office as Acting President.”


If not in session, Congress must convene within 48 hours once the 25th Amendment is invoked. When in session, Congress has 21 days to settle the question if the president notifies Congress in writing that no inability exists. The vice president and the Cabinet or disability body have four days to file an objection to the president’s declaration within that 21-day time frame. If no objection is filed, the president resumes his duties. If the president’s declaration is contested, two-thirds of the House and Senate must agree to allow the vice president to act as president until the president is considered able to serve, and the president can file another declaration about his ability to serve after Congress votes on the question.

 

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J SJ
J SJ
Jul 06
Rated 5 out of 5 stars.

It should be invoked. He needs to go, both for the health of the country as well as himself. But then we’re stuck with Kamala and her gross incompetence. I would think that after this Biden Administration nightmare the Democrats will have finally learned their lesson that DEI does not work

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Guest
Jul 07
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Democrats which are now Marxists for the most part in their views of this country, don't care about learning a lesson. Education system, and certainly colleges have indoctrinated our younger population, in how bad this country is. The only way to get this country's ideals back is to remove these imposters from local, state and federal positions of power. I believe Kamala was a stop gap to prevent Biden being removed from office, as she is totally incompetent as well.

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