EXPLAINING THE 25th AMENDMENT

 In the last few months I have heard a lot about enacting the 25th Amendment by the Democrats, especially in regard to Donald Trump. If the president dies or is unable to perform his duties Article II Section 1 says the following. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the president and vice president, declaring, what officer shall then act as president and such officer shall act accordingly, until the disability be removed or a president shall be elected.

 

  The first president to die in office was William Henry Harrison. He gave a two hour inaugural speech in the cold without wearing a hat or an overcoat. Harrison died of pneumonia one month later. John Tyler was the Vice President and at that that time it was not clear whether the Vice president assumed the office permanently or only filled in until another president could be elected. Tyler insisted that he was the permanent president and not the temporary president. He was able to get Congress to pass a resolution saying that he was indeed the president. Tyler would establish the precedent that we follow to this day. If the president dies in office the Vice President becomes president. Harrison was a Whig and Tyler was a Democrat. Tyler was at odds with the Whig party so much so that he would only serve one term.

Over the years seven vice presidents have died in office and two resigned. John C. Calhoun resigned during Andrew Jackson's 1st term and Spiro Agnew during Nixon's 2nd term. Eight presidents have died in office and one resigned. Until the death of John Kennedy and the ratification of the 25th Amendment in 1967 if a Vice President died or resigned while in office the president had no Vice president until the next election. It was the same if a president died in office the successor to the president had no vice president until the next election. Prior to 1947 the Secretary of State was 3rd in line of succession behind the president and vice president should both die in office. The presidential succession Act of 1947 changed this to the speaker of the house followed by the president pro tempore of the senate, then the secretary of state, and after that presidential cabinet members in chronological order of the departments creation. The 25th Amendment states the following.

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.

 

 The 25th Amendment was passed in order to clarify the issue of presidential succession after the Kennedy assassination. People my age have seen the 25th Amendment employed. On October 10, 1973 Nixon's vice president Spiro Agnew was forced to resign because of corruption allegations. Nixon then nominated congressman Gerald Ford to be his vice president. After a vote of approval in both houses of congress Ford was sworn in as vice president on December 6, 1973. Then, because of Nixon's resignation, due to the Watergate scandal, Ford was sworn in as president on August 9, 1974. Under the provisions of the 25th Amendment Ford nominated former New York governor Nelson Rockefeller as his vice president on August 20th. Congress drug it's feet, however and he wasn't confirmed as vice president until December 19, 1974 and he was sworn in later that night. 

 

 There have been times in history that an Amendment to the Constitution such as the 25th Amendment, could have come in handy. Such as during the days and weeks following the shootings of James Garfield and William McKinley. James Garfield was shot on July 2, 1881 and lived to September 19, 1881. William McKinley was shot on September 6, 1901 and lived to September 14, 1901. It could also have been used when Grover Cleveland had a cancerous tumor removed from his jaw during surgery on the presidential yacht and after Woodrow Wilson suffered a near fatal stroke that left him unable to fulfill his duties as president for months. His wife in essence became the president. Then there were times in more recent history that the 25th Amendment might have been invoked such as when Reagan was nearly killed by John Hinckley. 

 

 Finally, in my view the 25th Amendment is a fine example of how the Constitution was designed to work. The Founding Fathers in Article II Section 1 of the Constitution left some loose ends on what to do if a president or vice-president dies while in office or becomes incapacitated. Congress amended the Constitution and wrote some pretty good legislation. It is not the job of 9 black robed members of the Supreme Court to legislate from the bench and by doing so usurping the legitimate power of the legislative branch. If you want to change something in the Constitution, or add something to it, then do it the right way and amend it. Democrats hate this method because people usually don't agree with their radical agenda. So in recent history they have used the Supreme Court, government bureaucracy, or illegal presidential executive orders to accomplish their ends. In early October Nancy Pelosi announced a commission on putting together a plan for implementing the 25th Amendment if the president becomes incapable of performing his duties. She admitted that this was not directed at Trump. I believe it is for legitimizing the removal of Biden and replacing him with Harris in the event Biden lucks up and is elected. This has been their plan all along and I believe that he is a party to it. They know and everyone with a brain knows that he is not mentally fit to be president. Harris will move into the presidency and will began the complete destruction of our Constitution and life as we know it.