Wednesday, January 8, 2014

Amendment XXV

Text:  

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.

Plain English:

Section 1. If the President is removed from office, dies, or resigns, the Vice President becomes the President.  

Section 2. If the Vice President position is open, the President can nominate someone to be Vice President if both Houses of Congress agree on the nomination by a majority vote.

Section 3. The President can transfer Presidency power over to the Vice President temporarily without leaving his position as President.

Section 4. The President can be removed from from office if the Vice President and a majority of officers of executive departments or bodies of Congress agree that the President cannot carry out duties. The Vice President then can take on power and duties of the President. The President  has the ability to serve by sending a declaration to Congress. The Vice President and Cabinet can hand in another declaration against the President. The Congress would then have to vote and reach a ⅔ majority in order to decide whether or not the President is unfit for the position.   

Story of Passage: The 25th Amendment was passed by Congress on July 6, 1965 and ratified on February 10, 1967. It was written to clarify Article II, which explains presidential succession. When President Kennedy was assassinated in 1963 the nation was shocked. The question, “Who is President?” caused national controversy. After Kennedy’s death, Congress passed the 25th Amendment, which clearly defines succession and addresses what is to be done if the president has a disability. It also includes how a new Vice President would be selected if the Vice Presidential seat is vacant. This clause was used six years later when Gerald Ford took over the Vice President role after Spiro Agnew resigned.

Effect on US: The 25th Amendment delineates the steps the nation will need to execute in case there is an issue with the President. It allows for continuous leadership and stability. If the 25th Amendment was never passed, the United States would have been in a debacle in 1973 and 1974, when both the Vice President’s and President’s positions were vacant. Gerald Ford would not have succeeded Nixon during the Watergate scandal and Speaker of the House, Carl Albert, would not have been President upon his resignation.
Effect on “You”: Imagine this nation without the 25th Amendment. Now imagine, hopefully it doesn’t happen, that the President has just died. Who becomes the next Chief Executive? More importantly, who gets to make this decision? Surely, the White House would be completely discombobulated with no law that clearly delineates the President’s successor, in case of such a situation. Although we were hardly affected by the 2013 government shutdown, we would definitely be greatly affected by this circumstance. It may seem reasonable for the Vice President to assume the vacant position. However, this could only lawfully happen if it is clearly stated in the federal constitution. As citizens who support Obama and many of his stances, there is no guarantee that the successor will possess the same views as President Obama. Issues like Obamacare may be re-questioned. This would detrimentally affect people who largely depend on Obamacare for affordable insurance. Without Amendment XXV, a completely different politician who disagrees with all of our beliefs can become president. Likewise, who is to say that the majority of the nation will support the new President? This idea also applies to the Vice President’s position, if the Vice President is incapable of his duties.

No comments:

Post a Comment

Please leave us a comment! Keep it factual, keep it constitutional, keep it friendly!