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ブログ > OnDaFence > Bret's Blogisphere |
Happy 50th Anniversary.! Happy 50th anniversary to our XXV amendment to the Constitution! The Twenty-fifth Amendment deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities. It supersedes the ambiguous wording of Article II, Section 1, Clause 6 of the Constitution, which does not expressly state whether the Vice President becomes the President or Acting President if the President dies, resigns, is removed from office or is otherwise unable to discharge the powers of the presidency. In 1841, President William Henry Harrison became the first U.S. President to die in office. Representative John Williams had previously suggested that the Vice President should become Acting President upon the death of the President. John Tyler asserted that he had succeeded to the presidency, as opposed to only obtaining its powers and duties. He also declined to acknowledge documents referring to him as "Acting President". Although he felt his vice presidential oath negated the need for the presidential oath, Tyler was persuaded that being formally sworn-in would clear up any doubts about his right to the office. Having done so, he then moved into the White House and assumed full presidential powers. Tyler's claim was not formally challenged, and both houses of Congress adopted a resolution confirming that Tyler was the tenth President of the United States, without any qualifiers. The precedent of full succession was thus established. This became known as the "Tyler Precedent". There had been occasions when a President was incapacitated. For example, following Woodrow Wilson's stroke no one officially assumed the Presidential powers and duties, in part because the First Lady, Edith Wilson, together with the White House Physician, Cary T. Grayson, covered up President Wilson's condition. The assassination of John F. Kennedy showed the need for a clear way for determining presidential disability in the context of the Cold War. The new President, Lyndon B. Johnson, had once suffered a heart attack, and the next two people in line for the presidency were the 71-year-old Speaker of the House John McCormack, and the 86-year-old Senate President pro tempore Carl Hayden. Senator Birch Bayh succeeded Kefauver as Chairman of the Subcommittee on Constitutional Amendments and set about advocating for a detailed amendment dealing with presidential disability. On February 23, 1967, in a ceremony in the East Room of the White House, General Services Administrator Lawson Knott certified the amendment's adoption. 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. Brought on by the tensions of the Cold War and the need for a solid grasp of just who is at the helm the amendment has done as it was intended. |
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2017/2/22 7:32 pm |
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2017/2/22 7:32 pm |
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2017/2/22 7:32 pm |
zzzzzzzzzzzzzzzzzzz
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2017/2/22 7:33 pm |
in short order
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Have a good sleep Bret. After digging up all the posted information, you must be tired.
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2017/2/22 8:43 pm |
Have a good sleep Bret. After digging up all the posted information, you must be tired.
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2017/2/23 6:36 am |
Not since we so handily took down crooked Hillary
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Although I remember the Kennedy and Nixon eras, I didn't realize that the amendment was 1967. I just assumed that it was a lot sooner. Lincoln was assassinated in 1865 and I don't recall reading about any bickering over who should take over from him. I do recall reading that when Nixon resigned and Ford became President, he was the first person to become President without being voted in as either President or Vice-President. He was nominated by Nixon when Agnew resigned as VP.
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I lived through the Nixon era, too, and our latest president is a bigger crook than Nixon was. I hope the 25th amendment applies to him before the year is out. I've never seen a POTUS who lies as much as this red-headed bastard.
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2017/2/23 3:23 pm |
Our Constitution has stood the test of time and gets additions and detractions as the times warrant, however, it and our people remain.
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2017/2/23 3:25 pm |
I went through the Kennedy and Nixon era. Maybe there is another one coming. Not looking good for Trump.
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2017/2/23 3:28 pm |
Although I remember the Kennedy and Nixon eras, I didn't realize that the amendment was 1967. I just assumed that it was a lot sooner. Lincoln was assassinated in 1865 and I don't recall reading about any bickering over who should take over from him. I do recall reading that when Nixon resigned and Ford became President, he was the first person to become President without being voted in as either President or Vice-President. He was nominated by Nixon when Agnew resigned as VP.
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2017/2/23 3:35 pm |
I lived through the Nixon era, too, and our latest president is a bigger crook than Nixon was. I hope the 25th amendment applies to him before the year is out. I've never seen a POTUS who lies as much as this red-headed bastard.
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2017/2/23 5:16 pm |
as usual, an EXCELLENT blog. The snowflakes and left leaning friends of yours should read it. Those people didn't understand the electoral college. You know they don't understand the order of presidential succession. Some assume if they can get rid of President Trump then Hillary will be president. Ah, doesn't work that way. You'd have President Pence, then President Ryan then President Hatch, President Tillerson etc... Wouldn't "Pocahontas" have a coronary if it got down to President DeVos!!!!
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2017/2/23 6:08 pm |
as usual, an EXCELLENT blog. The snowflakes and left leaning friends of yours should read it. Those people didn't understand the electoral college. You know they don't understand the order of presidential succession. Some assume if they can get rid of President Trump then Hillary will be president. Ah, doesn't work that way. You'd have President Pence, then President Ryan then President Hatch, President Tillerson etc... Wouldn't "Pocahontas" have a coronary if it got down to President DeVos!!!!
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