lawfag here
wrote a long piece about the 25th cant find it yet
bottom line
its much HARDER than impeachment
requires 2/3 of BOTH senate and house
will never happen unless POTUS is actually disabled
plot failed
As far as how the 25th Amendement works here is the breakdown:
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 1 clarifies that the vice president becomes president, instead of "assuming" the powers and duties of the presidency.
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 2 addressed the absence in the Constitution of a mechanism for filling a vacancy in the office of vice president.
Section 3. Whenever the President transmits to the President of the Senate and the Speaker of the House his written declaration that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President. Section 3 allows the president to voluntarily transfer his authority to the vice president. The president regains his powers and duties when he declares in writing that he is again ready to discharge them.
HERE NEXT IS THE PART OF THE 25TH THE D'S PUBLICIZED/WANTED TO USE AGAINST POTUS - THIS:
Section 4. Whenever the Vice President and a majority of… the principal officers of the executive departments (The fifteen Cabinet members enumerated in the United States Code at 5 U.S.C 101) transmit to the President of the Senate and the Speaker of the House 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.
NEXT COMES THE PROCESS WHERE POTUS DOES NOT AGREE WITH THIS ACTION - VERY CRITICAL AND NEVER MENTIONED IN DISCUSSION BY MSM/DEMS ABOUT 25TH AMENDMENT
1/2
IF) the President transmits his written declaration that no inability exists, he shall resume the powers… unless the Vice President and a majority of (the Cabinet) transmit within four days to the President of the Senate and the Speaker of the House… that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue…. by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office….(otherwise the POTUS shall remain in power)
CONTRAST
25th AMENDMENT requires a declaration by the vice president together with a majority of the principal officers. then a two-thirds vote in the House AND two-thirds vote in the Senate
IMPEACHMENT: a majority of the House followed by two-thirds of the Senate SO - 25th Amendment is tougher to achieve than impeachment.
Presidential Succession Acts
Remember the 25th Amendment did NOT change Congess's ConstitutionalauthorIty to designate successors other than the VP - so after the VP, Congress may declare "…what Officer shall then act as President…"
Law under this clause have been around since 1792 in more or less the same form. A significant amendment was passed in 1947 and has remained more or less intact since.
Under this law, as most anons already know, after the VP the primary succession is House Speaker, President of the Senate, then Secretarty of State. This seems perfectly natural but it really is not. Consider the current situation - if POTUS and Pence are gone then is it right that Nancy Pelosi be made President? The same problem would occur if the President of the Senate of the opposing party became President. This points out a major flaw in the law Congress passed.
The legal question is - are House and Senate "officers" as contemplated by the Constitution? Most legal scholars say they are NOT, pointing out that the term "Officer" refers to an "Officer of the United States," a legal term that excludes members of Congress. Instead, officers of the USA are high level executives appointed by POTUS with the advice and consent of the Senate - in other words - CABINET HEADS.
Just as compelling is the Incompatibility Clause of the Constitution (Article I, Section 6, Clause 2)—which bars officials in the federal government's executive branch from simultaneously serving in either the U.S. House or Senate.
One can see the various problems which could occur when Members of Congress are tasked to switch the the role of Cheif Executive, and perhaps go back if the POTUS is reinstated.
While it may be pointed out that the very first Succession Act of 1792 DID name the President of the Seante and House Speaker as succesors, the critical difference was that the law also called for a special election within 60 days to fill the position, so that the Member of Congress would be a mere placeholder.
Alas - with the urging of Harry Truman, Congress passed the law with no special election - and the issue has never been litigated in SCOTUS - it certainly could in the future. If so, in the event POTUS and VP were out, and Members of Congress are prohibited under a SCOTUS ruling, the POMPEO would be the man - TRUST KANSAS!!!!
As Q says - always good to know moar! God speed anons…………