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Provisions of the 25th Amendment

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Kevin Ruesch

on 17 January 2013

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Transcript of Provisions of the 25th Amendment

The 25th Amendment Section 1 of the 25th Amendment provides for the Vice President to become President if the current President dies, resigns or is removed from office. The 25th amendment was proposed by Senator Birch Bayh in December of 1963. After the assassination of President John F. Kennedy in 1963 and in 1955 the near fatal heart attack of Lyndon Johnson (at that time majority leader in the Senate). Birch felt there needed to be some laws in place to protect the power of the Presidency. It received Congressional approval on July 6th, 1965 and it took almost two more years to get the approval of 38 states to ratify the 25th Amendment. Wisconsin was the second state to approve the Amendment. The 25th Amendment was added to the Constitution on February 10, 1967. The 25th amendment declares in section 2: If there is a vacancy in the office of Vice President, the President can nominate a Vice-President. They shall take office once it is confirmed by a majority vote of both the Houses of Congress. There are four sections to The 25th Amendment. By:: Kevin Ruesch Section 3 states that the President may temporarily make the Vice President the Acting President with a written declaration to the Senate and the Speaker of the House of Representatives. This will be in effect until a second written declaration is made to end this condition. At that time, the Vice President is no longer the Acting President. In 1985, Ronald Reagan used this section before colon cancer surgery. This gave George Bush Acting Presidential powers for approximately eight hours. In 2002 and 2007, President George W. Bush used this section preceding medical procedures that required he be under anesthesia. This allowed Dick Cheney to be the Acting President for approximately 2-2 1/2 hours. This section was used in 1973 when Richard Nixon nominated Gerald Ford after Spiro Agnew resigned. It also occurred in 1974 when Gerald Ford nominated Nelson Rockefeller. Section 1 went into effect, in 1974 when Richard Nixon resigned, and Gerald Ford become President. Section 4 is very lengthy but it basically states that it is an emergency provision that allows the Vice President and members of the Cabinet to declare the President to be unfit to carry out his or her duties of Presidency. The President can counter by declaring his or her competency to the Congress. The Vice President and Cabinet can send another declaration against the President, which would force Congress to reach a 2/3 majority vote that the President is unfit for office. Section 4 has never been used in the history of The United States. There have been long periods of time when the sitting President has been ill or disabled. The longest being the 281-day disability of Woodrow Wilson following a stroke. The following Presidents have had varying lengths of time when they were unable to function in the office: Garfield, Cleveland, McKinley, Harding, Eisenhower, and Reagan. Eight presidents have died in office, and one has resigned; seven vice presidents have died in office, and two have resigned.

Prior to the passage of the 25th Amendment, the office of Vice President was vacant until the next election. Due to this, there have been almost 40 years in which a Vice President was not present to take over if something had happened to the President. There have been eight times that the position of Vice President has been vacant. The Supreme Court was indirectly involved with the 25th Amendment when on July 24th, 1974 it ruled that President Richard Nixon would have to surrender tape recordings involving Watergate. This lead to his resignation which caused Ford to become President. Section 1 of the amendment was then enforced. Why is The 25th Amendment important? It is important because it provides a clear succession of the Presidency and Vice Presidency. It allows someone to be prepared to take over the position in case of tragedy or the removal of the President or Vice President. Interesting Facts Johnson did not become President due to the 25th Amendment because it did not go into affect until 1967. John F. Kennedy was assassinated in 1963. President Richard Nixon President Gerald Ford President Ronald Reagan Senator Birch Bayh President John F. Kennedy on the day he was assassinated Vice President Lyndon Johnson being
sworn in as President The Supreme Court http://www.law.cornell.edu/constitution/amendmentxxv Sources http://hercules.gcsu.edu/~hedmonds/lecture%20notes/Presidential%20Succesion.htm http://www.rochester.edu/pr/Review/V64N2/point.html Alec Baldwin Reading The 25th
Amendment-You Tube http://www.pfaw.org Alec Baldwin reads the 25th Cause and Effect The United States at times was left in
a vulnerable situation due to a death,
disability, resignation, or removal of the
President or Vice President. The 25th
Amendment was created to protect the
country from this potential dangerous
predicament. These positions should
always be filled in a clear manner with
capable people.
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