The Twenty-Fifth Amendment

[Hippo_Tron]

There seems to be a lot of questions as to "what happens if Cheney resigns?" The answer can be found very easily in the Twenty-Fifth Amendment of the Constitution. I thought that I would post this thread so that others could link to it if there are any questions of the sort.

BTW I can't stress this enough... WATCH THE WEST WING!!!!!! Most likey, there is an episode of the West Wing (or many episodes) that will answer almost any government/political question you might have. In this case the episodes are... In the Shadow of Two Gunmen (both parts) (S2), Life on Mars (S4), Twenty-Five (S4), 7A WF 83429 (S5), and The Dogs of War (S5), Jefferson Lives (S5), and Han (S5).

The Twenty-Fifth 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 principle 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.

[shraby]

1. This amendment could come into play if

Cheney and Bush are both indicted.

[texpatriot2004]

2. How so? nm

[shraby]

3. This was at dailykos explaining it.

<http://www.dailykos.com/story/2005/10/18/22350/485>

Give it a read and see what you think.

[texpatriot2004]

4. Thanks for the link. I read the whole thing. So, if they are both

indicted, the idea is that the 25 Amendment kicks in to protect the office and not the individual and it also provides for the discharging of powers and duties. Did I get that right? Aside from the conclusion which states that - based on our Constitution and the current judicial opinions - no president is above the law.


Quotes from KOS
The Amendment kicks in if the President "is unable to discharge the powers and duties of his office," then the 25th Amendment applies (the quoted text is straight from both the 3rd and 4th sections of the Amendment).

Conclusion

Those who claim Presidential immunity from indictment base their claim on admitted weak arguments that are not supported by the plain text of the Constitution. The Constitution as it now stands, with the 25th Amendment, provides little to no protection for a President in the case of a felony indictment.

[shraby]

5. It sounds like a valid argument to me.

Question is, would Fitz try it? He's smart enough to figure out if it would work and I'm sure he has talked it over with some constitutional scholars.
As hard as he's worked on this case, I don't think he wants them to weasel out so he'll do whatever he can to keep them from any pardons.

[texpatriot2004]

6. I agree that he will want something that sticks, a sure thing, an

ace in the hole...

That's my opinion. If there is something that might work, or could perhaps work...that's not what he's after.

[zann725]

7. For the Chimp...proof of Election Fraud perhaps? TWICE.

Declaring war on false premises? Negligent homicide in criminally slow response to Katrina victims, and repeated denial of physical/situational aid from foreign sources, and everyday citizens. Lying about substance abuse...recently before or during his Election to Prez. Prior insider trading? Aside from Plame-gate, there are so many choices...

[texpatriot2004]

8. When you put it like that, where do we begin? n.t

[ISUGRADIA]

9. This was never the intent of the authors of this amendment

one key one was Birch Bayh. It was meant to avoid another Woodrow Wilson situation where an obviously incapcitated physically and mentally president would have his duties taken over by the VP. Inditement was never even mentioned in the debates.