The Empty Threat of the 25th Amendment

The 25th Amendment is an empty threat to any sitting president because of the inherent flaws in the legal structure of the Amendment. The 25th amendment is a farce because it requires the concurrence of the members of the president’s own party to invoke it.

The first paragraph of Section Four of the 25th Amendment reads follows:

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.

Note the position of the word “and” immediately after “Vice President.” The position of the word “and” stipulates that the Vice President must agree with the decision of ‘a majority of the principal offices of the Executive Department.” If the Vice President does NOT agree, the declaration becomes null and void

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