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The 25th Amendment
legal information institute - cornell law school ^ | Feb 10, 1967 | unknown

Posted on 01/08/2021 6:39:18 PM PST by ealgeone

Amendment XXV

Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become 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.

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.

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.


TOPICS: History
KEYWORDS: 25thamendment; trump

1 posted on 01/08/2021 6:39:19 PM PST by ealgeone
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To: ealgeone

So the Dems got all wrong.


2 posted on 01/08/2021 6:43:25 PM PST by Biggirl ("Iden One Lord, one faith, one baptism" - Ephesians-4:6)
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To: ealgeone
such other body as Congress may by law provid

I think Trump would have to sign the law as I don't think the lazy Congress has ever done this.

3 posted on 01/08/2021 6:44:14 PM PST by frogjerk
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To: ealgeone

Never intended to deal with anything like this.

Fact that Pelosi and others would call for its use is far more irresponsible than anything said by Trump.


4 posted on 01/08/2021 6:44:29 PM PST by Williams (Stop Tolerating The Intolerant)
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To: ealgeone

“the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.”

If Pres. Trump is removed and pence oozes in:

And who would Pence nominate? AOC? The brother screwer? I’ll bet romney will be right there begging.


5 posted on 01/08/2021 6:44:36 PM PST by dynachrome ( “The people have spoken . . . and they must be punished.” Ed Koch. Sauve Qui Peut)
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To: ealgeone

Does it say to use it when it’s your only hope to avoid prosecution for treason?


6 posted on 01/08/2021 6:45:10 PM PST by reasonisfaith (What are the implications if the Resurrection of Christ is a true event in history?)
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To: dynachrome

Pence would not have time to get anyone, Pelosi is the next in line.


7 posted on 01/08/2021 6:45:35 PM PST by Captain Peter Blood (https://www.freerepublic.com/focus/bloggers/3804407/posts?q=1&;page=61)
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To: Biggirl

Thats not the point. The want Trump pushed out in disgrace ... As a warning to other populists


8 posted on 01/08/2021 6:45:41 PM PST by bob_esb
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To: ealgeone

This is how we got Gerald Ford.


9 posted on 01/08/2021 6:55:25 PM PST by ZirconEncrustedTweezers (Posting from deep within enemy territory - San Jose, CA)
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To: ealgeone

Ya know? Invoking the 25th Amendment might just be enough to pi$$ of 75 million voters who voted for Trump!


10 posted on 01/08/2021 7:00:54 PM PST by eeriegeno
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To: eeriegeno

It would definitely poison the well.


11 posted on 01/08/2021 7:02:20 PM PST by ealgeone
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To: Captain Peter Blood

And Nancy would be first woman VP, not that other woman.


12 posted on 01/08/2021 7:02:32 PM PST by Irenic
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To: ealgeone
Trump CANNOT be ousted using the 25th There is no language contained in the amendment that offers a path to that action. I have read, reread, and reread again and this is what I get out of it:

The 25thaddresses succession to the presidency and establishes procedures both for filling a vacancy in the office of the vice president and responding to presidential disabilities.

He has no disabilities.

13 posted on 01/08/2021 7:03:28 PM PST by progunner (no compromise)
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To: progunner

you really don’t quite see the picture now do you...

you’re “disabled” if you don’t agree with your communist overlords...might even need an asylum so you don’t hurt others


14 posted on 01/08/2021 7:05:14 PM PST by mo ("If you understand, no explanation is needed; if you don't understand, no explanation is possible)
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To: progunner

Communists have long declared their enemies mentally ill, and always had hundreds of loyal shrinks lined up to sign whatever documents are needed.

In a kleptocracy there is one rule—there are no rules that bind the kleptocrats.

The “rule of law” is now a quaint rumor of a distant past.


15 posted on 01/08/2021 7:22:56 PM PST by cgbg (A kleptocracy--if they can keep it.)
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To: eeriegeno

WE ARE ALREADY PISSED OFF !!!!!


16 posted on 01/08/2021 7:29:26 PM PST by Senormechanico
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To: bob_esb

Thats not the point. The want Trump pushed out in disgrace ... As a warning to other populists
________________________________
Yup... and I suspect another reason is that no matter how many supporters he has, this is not so subtle move to keep him from running in 2024..... AND that he won’t be in a position to declassify all those documents that should have been declassified long ago.


17 posted on 01/08/2021 8:07:14 PM PST by hecticskeptic
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To: mo; cgbg

CRIMINEY,,,, I STAND CORRECTED


18 posted on 01/08/2021 8:10:40 PM PST by progunner (no compromise)
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To: progunner

You are right that the 25th amendment is about Presidential disability. But even if they tried to use it against Trump, he would continue to be the President. Vice President Pence would become “Acting President” momentarily, until Trump informed the President pro tempore of the Senate and the Speaker of the House that no disability existed. He would resume his powers. If Pence and a majority of the Cabinet insisted that he really was disabled, then Congress would decide, but the anti-Trump forces would need a two-thirds vote in each House and in that case Trump would still be President (but Pence would be Acting President). For how long? A couple of days?


19 posted on 01/09/2021 3:56:07 PM PST by Verginius Rufus
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