I don't know, actually READ the 25th Amendment.
Bearing that in mind, here is the text of the 25th Amendment:
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 salient portion for removing the President is Section 4 so lets distill this section down:
What is needed to start the process?
The Vice President and the majority of the executive departments (or other body as established by Congress) notifies the President
pro tempore of the Senate and the Speaker of the House that the President is unable to discharge the duties of the office of the President.
OK, they did that, now what?
The Vice President assumes the role of President until such time as the President notifies President
pro tempore of the Senate and the Speaker of the House that the President is able to discharge the Presidential duties and upon doing so, the President is back being the President again.
What happens if the Vice President and the majority of the executive departments (or other body as established by Congress) disagree with the President?
The process starts all over again. The Vice President and the majority of the executive departments (or other body as established by Congress) notifies the President
pro tempore of the Senate and the Speaker of the House that the President, despite his notification, is still unable to perform Presidential duties.
OK, the second notification was sent, now what?
Congress then will act to decide the issue. If Congress is in session, they have 48 hours to assemble and start the process (see next section) or, if not in session, 21 days to assemble.
The Avengers...oops, the House and Senate have assembled
If, after debating the issue, a vote is called for and if 2/3's of the House
AND 2/3's of the Senate vote agreeing with the Vice President
et al, the President is removed from office. If that threshold is not met, then the President stays.
Wait...2/3s of both the House AND Senate? Isn't that a steeper requirement slope than simple impeachment?
Well done grasshopper! Yes, it certainly is. To remove via impeachment requires only a simple majority in the House and a 2/3s vote in the Senate.
So why the steeper requirement?
This process was never intended to be used as a palace coup by the president's advisers to remove the President nor was it intended to replace the existing impeachment process thus the steeper requirements.
This section (#4) of the Amendment was put in because of 2 20th century Presidential issues and a Constitutional ommission:
Woodrow Wilson
On September 25, 1919, Wilson collapsed from the last of a series of strokes. He was incapacitated and unable to perform his presidential duties (which is one of the reasons that the League of Nations didn't pass as Wilson couldn't take direct action to secure its passage). His wife, essentially, directed presidential policy when, it would have been better if the Vice President had done so.
John F Kennedy
There was some concern, post assassination, what if Kennedy had survived his head wound but been in a persistent vegetative state? Who would have had the Constitutional authority to act as President?
Ommission
Until the 25th Amendment, the only ways that the Presidential office changed hands were via:
- Election
- Death
- Impeachment
As such, after being faced with Wilson and Kennedy, Congress and the states concluded that there had to be a 4th way in case of permanent presidential disability so along came the 25th Amendment.
= new reply since forum marked as read
