Source: Operation Disclosure Official | By Danlboon, Contributing Writer
Submitted on April 8, 2023
25th Amendment
This is the Amendment that provides clarification of the discharge of the powers and duties of the President once incapacitated, by resignation or by death, ratified on February 10, 1967 with Lyndon B. Johnson.
This is to have the Vice President shall become President in case of removal of the President or have Congress be informed that the President is incapable of fulfilling their duties that Congress votes in the Vice President as President.
This Amendment needs to be Ratified again with our Republic as it was after the change to the US CORP beginning with the Civil War. This includes through the 27th. This still may be acceptable as is.
This is not for the President to be just disabled to be denied to hold office as FDR was most known for himself being disabled with the difficulty of walking and thus using a wheelchair, yet he served as the longest in office of 12 years. The reason why you do not see any films of him this way is the respect they gave him, yet there were a few of them and photos put out there, and it is coming up on 78 years since his passing next week.
My comments here:
Section 1: This was used when Nixon resigned from office and VP Gerald Ford took over.
Section 2: This was used when VP Spiro Agnew pleaded no contest to a single felony charge of tax evasion and resigned from office and Ford became the first person appointed to the Vice Presidency under the terms of this Amendment.
Sections 3 and 4: It has not come to this point as of yet for any President that is not fit in their duties for themselves to vacate their office or other officials to make it known with their written declaration, yet we are still waiting for something to occur with Biden. And the transfer is determined by two-thirds vote of both Houses if provided with this declaration.
Sections 2 then 1 came about both in just over 8 months; December 6, 1973 to August 9, 1974 with Ford. Then Nelson Rockefeller came in as VP under Ford on December 19, 1974, twice Section 2 used in just over a year. It happened 16 times prior to this Amendment where the Vice Presidency became vacant and it was left vacant till the next Presidential term. Four times was due to the Presidential assassination and the VP took over.
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.
Danlboon
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