Read the 25th Amendment

Below is the 25th Amendment in its entirety that was proposed by Congress and ratified by the states in the aftermath of the assassination of President John F. Kennedy, provides the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation.  

The Watergate scandal of the 1970s saw the application of these procedures, first when Gerald Ford replaced Spiro Agnew as vice president, then when he replaced Richard Nixon as president, and then when Nelson Rockefeller filled the resulting vacancy to become the vice president.  

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.


Senator Warren, Trump and the 25th Amendment

February 18, 2019

I’ve said it over and over again that Senator Elizabeth Warren is not backing down from President Trump. As President Trump continues to insult Warren, she ratchets it up and continues to go after him.

This weekend, Warren was in Las Vegas, ground zero for the housing foreclosure crisis, and she stated if need be, then the 25th Amendment should be invoked to remove President Trump from office.

According to the Nevada Independent, Warren said:

“My point here is that if they believe that Donald Trump cannot fulfill the obligations of his office, then they have a constitutional responsibility to invoke the 25th Amendment,” Senator Warren said.

“Their loyalty under law is not to him personally. It is to the Constitution of the United States and to the people of United States.”

Earlier in the week, former FBI Director Andrew McCabe claimed on CBS’s “60 Minutes” that Deputy Attorney General Rod Rosenstein had considered invoking the 25th Amendment against President Trump.

Alexander Hernandez
Twitter @mcatty_alex

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Alexander Hernandez

Alexander Hernandez is a practicing attorney since 1999 who enjoys blogging about politics when he is not riding his motorcycles or playing golf. He is also an Amazon best selling author.

Comments and opinions always welcomed

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