Blog Post 3.2 Alec Mueller
1. If the vice president and majority of the cabinet decide the president is unable to discharge the powers and duties of his office, what step do they take first?
The amendment states that if, for whatever reason, the vice president and a majority of sitting Cabinet secretaries decide that the president is “unable to discharge the powers and duties of his office,” they can simply put that down in writing and send it to two people — the speaker of the House and the Senate’s president pro tempore.
2. How many people does it take to make the vice president the acting president?
One vice president and any eight Cabinet officers can, theoretically, decide to knock the president out of power at any time. Nine people.
3. What happens if the president disagrees with the VP & cabinet?
If the president wants to dispute this move, he can, but then it would be up to Congress to settle the matter with a vote. A two-thirds majority in both houses would be necessary to keep the vice president in charge. If that threshold isn’t reached, the president would regain his powers.
4. What event led to the passage of the 25th Amendment?
The chaos and instability that followed John F. Kennedy’s assassination finally spurred Congress to move toward solving these problems. For once, it moved quickly, passing what became the 25th Amendment to the Constitution in 1965 and winning its ratification in the states by 1967.
5. Prior to the 25th Amendment, what happened if the VP office was vacant?
The new amendment cleared up that yes, if a president died or resigned or was convicted of impeachment crimes, the vice president would fully become president. It provided, finally, for a simple way to fill a vacant vice presidency — the president nominates someone, and both Houses of Congress take a vote.
6. Which part of Section 4 of the 25th Amendment is still vague, or open to interpretation?
The text of the amendment is so vaguely written that it could conceivably be invoked for any reason — even one unrelated to health — so long as enough Cabinet secretaries and the VP are in agreement and two-thirds of both the House and Senate later back them up. For this reason, Section 4 is a favorite of thriller writers concocting scenarios in which malefactors use some bogus pretext to depose the president.
7. Why is this unlikely to allow a coup to overthrow the president?
If the vice president and Cabinet secretaries truly concluded that the president could not remain in office, they would need to document everything that led them to that conclusion and assemble an airtight public case. They would also need to be prepared for the sitting president to resist — either in the court of public opinion or otherwise.
The amendment states that if, for whatever reason, the vice president and a majority of sitting Cabinet secretaries decide that the president is “unable to discharge the powers and duties of his office,” they can simply put that down in writing and send it to two people — the speaker of the House and the Senate’s president pro tempore.
2. How many people does it take to make the vice president the acting president?
One vice president and any eight Cabinet officers can, theoretically, decide to knock the president out of power at any time. Nine people.
3. What happens if the president disagrees with the VP & cabinet?
If the president wants to dispute this move, he can, but then it would be up to Congress to settle the matter with a vote. A two-thirds majority in both houses would be necessary to keep the vice president in charge. If that threshold isn’t reached, the president would regain his powers.
4. What event led to the passage of the 25th Amendment?
The chaos and instability that followed John F. Kennedy’s assassination finally spurred Congress to move toward solving these problems. For once, it moved quickly, passing what became the 25th Amendment to the Constitution in 1965 and winning its ratification in the states by 1967.
5. Prior to the 25th Amendment, what happened if the VP office was vacant?
The new amendment cleared up that yes, if a president died or resigned or was convicted of impeachment crimes, the vice president would fully become president. It provided, finally, for a simple way to fill a vacant vice presidency — the president nominates someone, and both Houses of Congress take a vote.
6. Which part of Section 4 of the 25th Amendment is still vague, or open to interpretation?
The text of the amendment is so vaguely written that it could conceivably be invoked for any reason — even one unrelated to health — so long as enough Cabinet secretaries and the VP are in agreement and two-thirds of both the House and Senate later back them up. For this reason, Section 4 is a favorite of thriller writers concocting scenarios in which malefactors use some bogus pretext to depose the president.
7. Why is this unlikely to allow a coup to overthrow the president?
If the vice president and Cabinet secretaries truly concluded that the president could not remain in office, they would need to document everything that led them to that conclusion and assemble an airtight public case. They would also need to be prepared for the sitting president to resist — either in the court of public opinion or otherwise.
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