CONSTITUTION: XXV Amendment, “President’s inability to discharge the powers and duties of office”

AMENDMENT XXV

Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article II, section 1, of the Constitution was affected by 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.

NOW CONTRAST THE LANGUAGE OF THE “OATH OF OFFICE” OF THE PRESIDENT:

U.S. CONSTITUTION

Article. II.

Section. 1.

Before he (The President) enter on the Execution of his Office, he shall take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

Ponder this:

(update 5/22/13:  Duty the President “shall” = must do, no choice, can’t choose not to, etc. must complete:

Article II. Section 3.              . . .  he shall take Care that the Laws be faithfully executed, . . .)

What happens when the President and his advisors claim, “they did not know” and learned of the illegalities being perpetrated on the American People by the Federal Executive Branch, through the “media reports” of the illegalities?  There are multiple “news” stories describing how the President has plenty of time for golf outings, family vacations, and election fundraisers.  The Executive Branch claims the Government is just too big for the President and his “advisors” to keep track of it all. . .

In other words, the President and his advisors admit:

“the President is unable to discharge the powers and duties of his office.”

And, the President was not:

“executing the duties of the “Office of President of the United States”,

and, the President was not:

“preserving, protecting, and defending the Constitution of the United States.”

What happens when the President exhibits, and then admits publicly, the inability to fulfill his oath of office?

(Update: compare and contrast with Impeachment and the non-criminal Consequences)

7 thoughts on “CONSTITUTION: XXV Amendment, “President’s inability to discharge the powers and duties of office”

  1. Tony,

    True, HOWEVER, IF the Republicans cared enough about the country to put the nation first, they could use the Senates rules to censure and kick out those members who have legal problems. That would make the Republicans into a majority in the Senate for long enough before the States could get new Dems seated to do what must be done. What’s more, it would be perfectly legal (read the Constitution, you’ll find this can be done 😉 )

  2. Pingback: CONSTITUTION: IMPEACHMENT, TRIAL and CONSEQUENCES | The Rio Norte Line

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