25th Amendment
1. How did Deputy Attorney General Rod Rosenstein react to President Trump's firing of FBI Director James Comey?
"Deputy Attorney General Rod Rosenstein discussed just that possibility last year, in the days after President Donald Trump fired FBI director James Comey. The Times claims Rosenstein told other officials that he might be able to persuade Attorney General Jeff Sessions and then-secretary of homeland security John Kelly to invoke the 25th Amendment."
2. What does Section 4 of the 25th Amendment give the Cabinet the power to do? Why would they do this?
"Specifically, that’s Section 4 of the 25th Amendment to the Constitution. The amendment states that if, for whatever reason, the vice president and a majority of sitting Cabinet secretaries decide that the president is “unable to discharge the powers and duties of his office,” they can simply put that down in writing and send it to two people — the speaker of the House and the Senate’s president pro tempore."
3. What does Congress do if the Cabinet exercises this power?
'If the president wants to dispute this move, he can, but then it would be up to Congress to settle the matter with a vote. A two-thirds majority in both houses would be necessary to keep the vice president in charge. If that threshold isn’t reached, the president would regain his powers."
4. What happened to the presidency when James Garfield or Woodrow Wilson were unable to fulfill their duties as POTUS?
5. What event finally got Congress to address the problems with presidential succession?
"o when President James Garfield was bedridden after being shot and President Woodrow Wilson was debilitated by a stroke, they simply lingered on in the presidency without doing very much for months, because no one knew what else could be done while they were still drawing breath."
6. Besides the powers adressed in #2, what else is covered in the 25th Amendment?
"The 25th Amendment exists as a failsafe that can be used if any president truly does appear to be unwell — as long as the people involved have the courage to actually go through with it, and the competence to carry it out without causing an even greater disaster."
7. What would have to happen in order for VP Mike Pence to assume power right now?
"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."
8. What does "unable to discharge the powers and duties of his office." mean?
"Cabinet secretaries decide that the president is “unable to discharge the powers and duties of his office,” they can simply put that down in writing and send it to two people — the speaker of the House and the Senate’s president pro tempore."
9. What could the president do if he disagrees with his Cabinet?
"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."
10. How does this article differentiate this action from a coup?
"Still, there’s zero precedent for this actually happening in US history, and the vast majority of Americans are likely unaware that it’s even possible. Even savvy political actors or entrenched institutional ones likely aren’t all that familiar with how the amendment is meant to work.
So if a sitting president were to be removed from power by a vice president and Cabinet despite the president’s objections, it would sure feel like a coup to a whole lot of people, regardless of the technical legality. And key actors close to the president could well respond like they’re facing a coup. For instance, what would the Secret Service do in this situation? The military?"
"Deputy Attorney General Rod Rosenstein discussed just that possibility last year, in the days after President Donald Trump fired FBI director James Comey. The Times claims Rosenstein told other officials that he might be able to persuade Attorney General Jeff Sessions and then-secretary of homeland security John Kelly to invoke the 25th Amendment."
2. What does Section 4 of the 25th Amendment give the Cabinet the power to do? Why would they do this?
"Specifically, that’s Section 4 of the 25th Amendment to the Constitution. The amendment states that if, for whatever reason, the vice president and a majority of sitting Cabinet secretaries decide that the president is “unable to discharge the powers and duties of his office,” they can simply put that down in writing and send it to two people — the speaker of the House and the Senate’s president pro tempore."
3. What does Congress do if the Cabinet exercises this power?
'If the president wants to dispute this move, he can, but then it would be up to Congress to settle the matter with a vote. A two-thirds majority in both houses would be necessary to keep the vice president in charge. If that threshold isn’t reached, the president would regain his powers."
4. What happened to the presidency when James Garfield or Woodrow Wilson were unable to fulfill their duties as POTUS?
5. What event finally got Congress to address the problems with presidential succession?
"o when President James Garfield was bedridden after being shot and President Woodrow Wilson was debilitated by a stroke, they simply lingered on in the presidency without doing very much for months, because no one knew what else could be done while they were still drawing breath."
6. Besides the powers adressed in #2, what else is covered in the 25th Amendment?
"The 25th Amendment exists as a failsafe that can be used if any president truly does appear to be unwell — as long as the people involved have the courage to actually go through with it, and the competence to carry it out without causing an even greater disaster."
7. What would have to happen in order for VP Mike Pence to assume power right now?
"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."
8. What does "unable to discharge the powers and duties of his office." mean?
"Cabinet secretaries decide that the president is “unable to discharge the powers and duties of his office,” they can simply put that down in writing and send it to two people — the speaker of the House and the Senate’s president pro tempore."
9. What could the president do if he disagrees with his Cabinet?
"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."
10. How does this article differentiate this action from a coup?
"Still, there’s zero precedent for this actually happening in US history, and the vast majority of Americans are likely unaware that it’s even possible. Even savvy political actors or entrenched institutional ones likely aren’t all that familiar with how the amendment is meant to work.
So if a sitting president were to be removed from power by a vice president and Cabinet despite the president’s objections, it would sure feel like a coup to a whole lot of people, regardless of the technical legality. And key actors close to the president could well respond like they’re facing a coup. For instance, what would the Secret Service do in this situation? The military?"
Find-out moe, Curly.
ReplyDeleteReeeeeeeeeeeeally
worth it.