Originally Posted by
Phil B.
Those who talked about using Amendment 25 apparently have never read Amendment 25.
From Amendment 25:Amendment 25 - Presidential Disability and Succession. Ratified 2/10/1967.
1. In case of the removal of the President from office or of his death or resignation, the
Vice President shall become President.
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.
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.
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.
Note, it is the President who determines whether he is able or unable discharge the powers and duties of his office. In the case where it is 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 who declare him unable, the President can still declare in writing to the contrary. In effect it is a veto of their declaration in as much as it will require a two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office.
One other interesting thing about Amendment 25, the use of the pronoun "he" to refer to the President could be used by some to block a woman from becoming President.
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