VANITY: The Subtle Ins and Outs of the 25th Amendment

Self | 6/30/2024 | Scouter

[scouter]

That’s hysterical. It could be part of his nighttime routine. LOL

[alternatives?]

Do you think North Korea, China, and Russia are having internal discussions about what to do in the next 7 months?

[Alberta's Child]

It was ambiguous because it was designed as a Cold War era mechanism to be employed in the event of an Armageddon-like scenario where the President is missing in action and nobody could even confirm if he is alive.

[scouter]

I think that was intentional. It should be a high bar. But they only get involved if the President challenges it AND the VP and Cabinet insist again that he can’t do the job.

[Alberta's Child]

The 25th Amendment was passed, in part, because of Woodrow Wilson's stroke, which left him totally incapacitated for the last two years of his second term.

See my prior post. The 25th Amendment was adopted almost 50 years after Wilson left office.

[Alberta's Child]

See Post #23. If the President contests a challenge to his authority under the 25th Amendment, then he basically eliminates the challenge by saying: “Hey, I’m alive!”

[scouter]

I respectfully disagree. They considered all sorts of situations in which they thought it would ba appropriate for the VP and Cabinet to invoke it. Kidnapping, treason, drug abuse, psychosis, even laziness and dereliction of duty. Of course, this would likely end up being decided by Congress.

[scouter]

I’m sure they are. That’s why I think they should invoke it.

[scouter]

That was one of the scenarios but there were plenty of others.

[Right_Wing_Madman]

The 25th Amendment was adopted almost 50 years after Wilson left office.

There were three major events in American history that eventually led to passage of the 25th Amendment: Garfield lying in a coma for three months after he was shot, Wilson was an invalid for the last two years of his presidency, and finally, the assassination of JFK.

[scouter]

Yes, but if the VP and Cabinet send another letter to Congress saying he isn’t able to do the job then Congress decides.

[cgbg]

“he basically eliminates the challenge by saying: “Hey, I’m alive!””

The fun starts if the President says “Hey, I’m alive—no thanks to the WH doctors who tried to kill me. I saw their eyes turn into reptilian eyes. We must fight this reptilian invasion with all of our forces. The place I am going to start is with you, Madame Vice President. You are fired.”

The framers of the amendment did not cover every contingency.

:-)

[Robert DeLong]

there is nothing to indicate that he would become Vice President

Silence speaks volumes in the Constitution. If no mention then no right to vote. It clearly states:

“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.”

Ford did not pic a new VP based upon the precedent set by Truman following the death of FDR. I believe as acting president he could have though.

[Jeff Chandler]

the last words his broken-hearted wife heard were, “It’s Trump’s fault”

Not "Rosebud"?

[Jeff Chandler]

I have a better idea. They could take Joe for a car ride far out into the country on a seldom-travelled road and leave him miles away from the nearest human being.

[scouter]

Ford did pick a VP. It was Nelson Rockefeller.

When the VP is serving as Acting President he is still VP, and the Amendment continues to refer to him as such. Because he is still VP, the office of Vice President is not vacant. Therefore no VP can be appointed. Think about it… if serving as Acting President meant he was no longer VP, then when the President resumed his duties the VP would be out of a job.

[Fireone]

China isn’t having talks. See China/Philippines today.

[blueplum]

the problem with Kamala becoming acting president under the 25th is, the black vote come November. Recall 2019 - black men were put off with her background as a prosecutor and black women didn’t identify with Kamala as being part of ‘the struggle’ - Corey Booker consistently polled higher. Hillary by contrast, could lean on Bill’s popularity with the black voter and Biden could lean on Obama’s record. Bringing into question - Would Kamala’s role as Acting President become a dead-end, an exercise in futility; is she a viable candidate at all? Is the only game Dems have left is to maintain the statusquo, let Biden lose, bank the presidential election fund, and then revive the ‘stolen election’ memes of 2016?

[Political Junkie Too]

Therefore no VP can be appointed.

Let's also not forget one detail: The President does NOT appoint a VP in the way a Governor can appoint someone to fill a vacancy in the Senate.

The President NOMINATES and a majority of both chambers of Congress must confirm the new Vice President.

-PJ

[alternatives?]

I am thinking strategizing within China. One could add Iran to the list.