In Federalist Paper 2020 #3A we covered Article II. Executive Power. We the People need to now understand the possible effects on our Constitutional Republic of the XXV Amendment.
This Amendment to our Constitution has particular concern for the 2020 Presidential Election as it codifies Removal and Incapacity of the President. It was passed by Congress July 6, 1965 and ratified February 10, 1967. This Amendment changed Article II. Section 1. of the Constitution.
The first two sections of this Amendment are straight forward and require little commentary. They have both been applied previously in our national history.
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
This codified the procedure followed since the death of President William Henry Harrison. He died one month after his inauguration on April 4, 1841. In all, eight Presidents have died in office, four from natural causes ( William Henry Harrison in 1841, Zachary Taylor in 1850, Warren G Harding in 1923 and Franklin D Roosevelt in 1945) and four by assassination (Abraham Lincoln in 1865, James A Garfield in 1881, William McKinley in 1901 and John F Kennedy in 1963).
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.
The first Vice President to take office without the vote of We the People was Gerald R Ford on December 6, 1973 after the resignation of Spiro Agnew.
The following two sections of Amendment XXV have never before been exercised or applied to a sitting President. There is question, by some, of the ability of Joe Biden to fulfill the office of Presidency should he be elected November 3. If he is elected and sworn into office, both Section 3 and Section 4 may be exercised at some point.
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 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.
Section 3 provides for the self declaration by the sitting President that he is unable to perform his duties. Therefore should Joe Biden, if elected, personally decide this and send a “written declaration” to the President pro tempore and the Speaker of the House, Kamala Harris would then become “Acting President” until he declared otherwise, in writing, that he was capable of returning to the duties of the President. A Kamala Harris who is the #1 voting Leftist in the entire Senate. She is to the Left of both Bernie Sanders and Elizabeth Warren.
Section 4 provides an even more ominous situation. This section provides for a declaration of incapacity of the President by the Vice President and the majority of the Cabinet Secretaries. Should they decide to send a “written declaration” to the President pro tempore and the Speaker of the House, Kamala Harris would immediately become Acting President. It is true the President can send a written declaration that no inability exists but the previous declarers can within four days reaffirm their declaration. At this point the Congress gets to decide the fitness for office of the duly elected President within twenty-one days. Their options, by two-thirds majority of both chambers, are to return the President to his duties or have the Vice President become the Acting President.
So do We the People need to be concerned that there may be shenanigans afoot in the nomination of Joe Biden by the Democrat Party? It is important that each voter decide this for themselves before they cast their vote this year, by mail or in person, for the President of the United States.
Failure to do so may result in a President with very different views on the direction that our nation should take than the voter expects. We the People could end up with the death of our Constitutional Republic and the birth of the United Socialist States of America. Should that happen, We the People will have forever failed in our obligation to “secure the Blessings of Liberty to ourselves and our Posterity,” and “government of the people, by the people, for the people” will perish from the earth.
May God Bless and Save the United States of America —
Our Constitutional Republic !