What happens if the 25th Amendment is invoked on dementia-ridden Biden?
Yesterday’s blog post on the need to start pressuring Biden’s cabinet to invoke the 25th Amendment drew a lot of readers and commenters, with much concern expressed about what happens next. Because the 25th has never been invoked, there is some confusion about whether or not a new vice president would need to be appointed.
As commenter Patricia Kunz pointed out, under the terms of the Amendment’s Section 3, no official vacancy is created in the office of Vice President:
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.
This means that the Vice President remains in office as VP and only becomes “Acting President.” While all the “duties and powers” (Section 4) of the presidency devolve upon the Acting President, there is no vacancy in the office of Vice President. So, there is no need or ability to appoint a new Vice President.
Under current circumstances, this means that if Kamala Harris were to die in office, there would be a vacancy in the vice presidency, and no one able to nominate a replacement veep, as Section 2 of the 25th Amendment specifies:
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.
Article II, Section 1, Clause 6 of the Constitution specifies:
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The Presidential Succession Act of 1947 put the Speaker of the House and President Pro Tempore of the Senate in line for succeeding the president if no vice president is in office. After them, cabinet officers, in order of the age of their departments, are in line. But it does not speak to the office of “Acting President” as later created by the 25th. But it would provide ammunition for the GOP-led House to argue that Kevin McCarthy ought to assume the powers and duties of “Acting President.” However, there is no constitutional or statutory authority that I know of for such a move.
The House could also impeach the president, the incapacitated Joe Biden, with only a majority vote. It would then be up to the Senate to either convict or acquit him, which would require a two-thirds vote for a guilty verdict. With a leadership crisis at top and an obviously incapacitated Biden, how many senators would cast their ballots to keep nobody in charge of the executive branch by acquitting an impeached Biden? It would cause a constitutional crisis like no other in history. With the office of vice president vacant by death and Biden impeached and removed from office, McCarthy would be in line for the presidency.
But assuming Vice President Harris does not tragically die, how long does an “acting president” remain in office remain as a kind of super-veep, with all the “powers and duties” of the president without actually being sworn in a president? The answer is found in Section 4:
…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.
Should Biden, or Dr. Jill, or the puppet masters submit a written declaration that for the first time in history, dementia has been reversed, Kamala reverts to the “powers and duties” of the vice president. UNLESS, that is, a majority of the cabinet and a two thirds majority of both Houses of Congress disagree. In that case, the veep remains acting president and no vacancy exists in the office of vice president.
Note that it is actually easier to impeach a president than it is to restore him or her to power after the 25th Amendment is invoked. A simple House majority suffices to impeach, while two thirds are needed to restore a president sidelined by the 25th Amendment to power.
This would seem to put the GOP House in a superior bargaining position in determining who shall exercise the powers of the presidency.
Will Someone Please Wake Me From This Nightmare?
When Joe Biden became president, America was on a solid footing, inflation was under control, we were energy independent, the price of gasoline was under $2.00, and things in America were great.
Now most of that has been undone, and nothing is being done about it. This is like a nightmare in which you are terrified only to awake and be thankful it was only a dream.
But the present nightmare is no dream, and things are only getting worse in America.
Will someone please wake me from this nightmare?
While Trump was president, nearly 500 miles of wall were built and immigration was controlled. Biden has opened the border and invited all to come, and they are coming by the millions.
When Biden became president, America was energy independent and we were even selling energy abroad. Biden stopped construction of oil pipelines, stopped drilling on public lands, and began a campaign against fossil fuels, the very product that has made America great. Will someone please wake me from this nightmare?
Trump appointed constitutional judges around the country, and three great justices to the Supreme Court. They have protected life by reversing Roe V. Wade. Biden, nominally a Catholic, is the most pro-abortion president in recent history. Protestors at abortion clinics have been assaulted and pro-life clinics and churches have been attacked.
When Trump left office, everyone knew what was a woman and there was no question but that God had created only men and women. Biden has continued to promote the idea that people who say they are transgender need our support, even to puberty blockers and radical surgeries that injure children for life. Now men undress in women’s locker rooms, and compete in women’s sports, destroying the incentives of women who have trained all their lives for success.
While Trump was in office you were pretty much permitted to say whatever you knew to be true and free speech was not hindered. Now, under Biden, you can be fired for simply pointing out something destructive, but which you know to be true. This includes issues about climate change, the value of masks and vaccinations, and other so-called health measures. Will someone please wake me from this nightmare?
Biden has made it clear that he supports going to zero carbon emissions which would eliminate all use of coal, and fossil fuels. Natural gas is used to make fertilizer, which is very important to agriculture. And, over 6,000 things that we use on a daily basis are made from oil. Wind and solar will never take the place of coal-fired, or natural gas-fired energy generation. Electric cars will soon be a national disaster because they are useless during a time of disaster with no electricity available. It is not possible to build batteries large enough to carry a city during times when the sun does not shine nor the wind blow.
Several have testified that the Bidens received 5 million, 10 million from foreign governments, which is illegal, but nothing has been done about it. Hunter cheats on his taxes and lies on his application for a gun permit, yet he only gets a very light sentence. There seems to be a two-tier justice system. Will someone please wake me from this nightmare?
There is considerable evidence that the past two elections were rigged against Republicans, yet no measures are taken to ensure this does not happen again. If this is not corrected it could spell the end of our constitutional republic.
Under Trump there was little inflation, prices were fairly stable. Biden has spent billions by just printing the money. This is classic inflation and is hurting everyone with higher prices for everything from food to hardware. This is especially true for gasoline, the price of which is also affected by the Biden energy policies.
Under Trump religious expression was protected. Now under the Biden Administration we see FBI agents infiltrating Catholic churches and reporting on “un-American” activities. Freedom of religion is attacked on several fronts. Our clear First Amendment Rights are not protected. Will someone please wake me from this nightmare?
In at least one town, people rode bikes through its streets totally naked. With prayer and Bible reading no longer permitted in our schools, our schools no longer have a moral compass. What has historically been considered a disgrace is now just another person’s freedom of expression. This is madness.
Not long ago most Americans were very patriotic. Now statues of Americans are being torn down for very light reasons. The American flag is defaced and no longer respected. A pride flag is displayed above the American flag at the white house. Children no longer pledge to the flag in our schools. None of this can be considered constructive action.
Patriotic Americans have protested over various policies, spoken up at school board meetings and taken stands for righteousness, and these have been called domestic terrorists by our government. Others, such as those in Black Lives Matter, have destroyed businesses and burned down whole sections of town, and these are called peaceful protestors. Some have even been arrested and their bail paid by some Democrats. This is insane.
Most of our schools were shut down during the recent pandemic, and children lost time that will never be made up. Academic achievement has stalled and the only answer educators seem to know is to just spend more money on education. They do not seem to consider that quality education is taking place at a much-reduced price. Our schools have lost any clear moral direction. Even worse, our children are taught to hate our national heroes.
Trump had plans to leave Afghanistan in an orderly fashion. Biden abandoned our military airport, left Afghanistan without telling our allies, was responsible for the death of 13 of our soldiers, and left behind billions in state-of-the-art military equipment. Even some Americans were left behind. This was a serious crime.
President Trump strongly supported the Second Amendment, but Biden has worked hard to undermine our Second Amendment Rights.
I worked with many Democrats for several years and considered them to be both logical and sane. Yet, what is happening in America right now in mostly Democrat-led states and cities is neither logical nor sane. It has to be obvious to any thinking person that if America continues down our present path, we will be easy game for a foreign power, and our great republic will be destroyed. This has to stop, and it begins with some patriotic American Democrats re-taking control of their party and stop this madness.
This is not just a nightmare that will go away when we awake. This is a terrible national condition that must be remedied before it is too late. Things are moving so rapidly toward destruction that we may not survive until the next election. We have to wake up from this madness.
Jim Hollingsworth is a graduate of Pensacola Christian College with a master’s degree in Biblical Studies. He has written five books: Climate Change: A Convenient Truth, Cortez: A Biography, The Ancient Culture of the Aztec Empire, Abortion Compassion, and A Commentary on the Book of Romans. A Commentary on the Book of Galatians is with the publisher. Available where books are sold.
Image: Pixabay / Pixabay License
