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The 25th Amendment to the U.S. Constitution was designed to address a fundamental problem of governance: what happens when the American President is unable to discharge the duties of the office?
Before 1967, our Constitution had no answer... https://twitter.com/kyledcheney/status/1314293824907345920
Before 1967, our Constitution had no answer... https://twitter.com/kyledcheney/status/1314293824907345920
Imagine the President is going to be having surgery requiring general anesthesia (a scenario the writers of the 1787 document weren't familiar with).
Before the 25th, POTUS did not have a legally binding mechanism to transfer power for the duration of the surgery...
Before the 25th, POTUS did not have a legally binding mechanism to transfer power for the duration of the surgery...
Section 3 of the 25th has been invoked a number of times by Presidents undergoing routine medical procedures.
For example, George W Bush invoked it in June of 2002 in order to have a colonoscopy performed. Here's the letter he sent to Hastert and Byrd
For example, George W Bush invoked it in June of 2002 in order to have a colonoscopy performed. Here's the letter he sent to Hastert and Byrd
But what happens if the President isn't able to sign a letter before becoming incapacitated? That's where section 4 of the 25th comes into play.
It tasks the VP and the Cabinet with determining whether POTUS is "unable to discharge the powers and duties" of the Presidency...
It tasks the VP and the Cabinet with determining whether POTUS is "unable to discharge the powers and duties" of the Presidency...
It's sort of unfair to expect someone who has just been, e.g. shot in an assassination attempt, to sign a letter invoking Section 3 of the 25th on their way to the OR.
That's a very good reason to have another mechanism to transfer power... https://www.latimes.com/archives/la-xpm-1989-02-21-mn-112-story.html
That's a very good reason to have another mechanism to transfer power... https://www.latimes.com/archives/la-xpm-1989-02-21-mn-112-story.html
But Section 4 of the 25th also allows Congress to designate a different group – a group other than the Vice President and Cabinet – to make the determination of whether POTUS is unable to discharge the duties of the office. https://twitter.com/mattbc/status/1314369836764606464?s=20
We've obviously seen that entrusting the responsibility to remove an incapacitated POTUS to the VP and Cabinet (all chosen by POTUS), in the age of Trump, is flawed. https://www.theguardian.com/commentisfree/2017/jun/13/emperor-trumps-sycophantic-cabinet-meeting-stinks-beijing-obeisance
There's a legal maxim, "hard cases make bad law"
Trump is shit. Everything he touches turns to shit. We're not going to be able to have a nuanced, reasoned, responsible conversation about how we should judge the fitness of POTUS – because we're having it about THIS president.
Trump is shit. Everything he touches turns to shit. We're not going to be able to have a nuanced, reasoned, responsible conversation about how we should judge the fitness of POTUS – because we're having it about THIS president.
But we should be clear: it's a valid exercise of constitutional power for the Congress to designate a body other than the VP and Cabinet to determine whether POTUS cannot discharge the duties of the office.
It's not a coup – if the VP and Cabinet (or some other body Congress were to designate) find POTUS incapacitated, the Vice President (and remember, in our modern system POTUS picked VPOTUS) assumes power temporarily https://twitter.com/mattbc/status/1314369836764606464?s=20
Here's the current system:
VP & majority of cabinet tell Congress, 'POTUS is incapacitated' – VP becomes Acting President
Whenever POTUS sends Congress a letter saying 'I'm not incapacitated' POTUS resumes Presidency; VP & Cabinet then have 4 days to tell Congress "we disagree"
VP & majority of cabinet tell Congress, 'POTUS is incapacitated' – VP becomes Acting President
Whenever POTUS sends Congress a letter saying 'I'm not incapacitated' POTUS resumes Presidency; VP & Cabinet then have 4 days to tell Congress "we disagree"
If they disagree? It goes to Congress to decide.
2/3rds of both the Senate and the House have to agree that POTUS is incapacitated in order for VP to continue as Acting President.
2/3rds of both the Senate and the House have to agree that POTUS is incapacitated in order for VP to continue as Acting President.
(there are time limits on Congress, if they're out of session, they have to come back within 48 hours. They have 21 days to consider the issue...)
