One troubling aspect to the 25th Amendment...
What if no one has a majority of the Electoral College, and the House is deadlocked?
The 12th Amendment requires a majority of House delegations to elect a President, and the Senate requires only a majority to elect a Vice President.
It would be easier to elect a Vice President in the Senate than a President in the House. A number of delegations would be tied.
The Vice President would become Acting President. Possibly he could try to name a Vice President under the 25th Amendment - it requires only a majority vote of both Houses to confirm a Vice President (Ford is the only one so confirmed) - this is a lower standard than what the 12th Amendment requires to elect a President.
After all that, suppose the House came to agreement...would the acting President be booted from office?
Nelson Rockefeller was also confirmed this way as Ford's Vice President.
The 12th Amendment requires a majority of House delegations to elect a President, and the Senate requires only a majority to elect a Vice President.
I'm not following.
The Electoral College elects both the President and Vice President. The Senate requires a majority to confirm a nominee to fill a vacancy, not to elect.
The 12th Amendment gives the House until March to decide. This is probably anachronistic today.
If the House cannot agree on a President, then it will likely also disagree on a Vice President, which the 12th Amendment calls on to be Acting President after March.
I would suppose at some point the Speaker would become Acting President? I don't think an Acting President has the power to nominate a Vice President.
-PJ