25th Amd: 1. In case of the removal of the President from office or >>>of his death<<< or resignation, the Vice President shall become President.
JFK died in office.
LBJ became POTUS on his death.
LBJ, on his death filled both Constitutional positions according to the 25th (although not directly mentioned).
Note that the 25th was put together AFTER the Kennedy.
In all other instances and most notably in the “inability clauses” found later in the 25thAmd, the text appears to say that the VP becomes “acting” POTUS until such time as other events occur.
But, my focus here is NOT on historical instances but the events currently facing us: POTUS with dementia and an electorally unqualified VPOTUS. And, because of certain undisclosed PEADs and EOs of 45, not just who becomes CinC but exactly WHO is CinC right now?
A related topic for another time: What was different about the Kennedy/LBJ event from, say, Lincoln dying from assassination?
This little Canadian had forgotten that the 25th didn’t come into effect until after President Kennedy’s death. Shame on me. I appreciate you pointing that out. That means that there hasn’t yet been an assumption by a sitting VP to the President’s office due to a condition outlined in the 25th. I think I understand better what you’re saying about “acting” POTUS and it appears that the question of CINC or not CINC might be a direct result of the wording of the 25th.
You and I have previously discussed the eligibility of Harris to become President given that she’s Constitutionally ineligible for both positions. I haven’t resolved in my mind the contradiction of her de facto acceptance as the sitting VP, however ineligible she is to occupy that post (like Obama, it didn’t matter), and not being eligible to assume the Presidency once her ineligibility for VP has been overlooked and she’s been sworn in as VPOTUS. Maybe legal and Constitutional scholars will address this soon.
A related topic for another time: What was different about the Kennedy/LBJ event from, say, Lincoln dying from assassination? It’s an interesting question since they both died by assassination. I’ll give this some thought and let you know what I come up with.