the twenty fifth amendment describes the sequence of events that would install the vice president as acting president against the will of the president. outline that sequence of events
Read the section about Section 4.
http://en.wikipedia.org/wiki/Acting_President_of_the_United_States
The Twenty-Fifth Amendment to the United States Constitution outlines the process of installing the Vice President as the Acting President in the event that the President is unable or unwilling to fulfill their duties. Here is an outline of the sequence of events specified in the amendment:
1. Section 1: Presidential Inability
- The amendment acknowledges that if the President is unable to discharge their powers and duties, such as due to illness, injury, or other reasons, they can declare themselves unable in writing, usually with a letter to the Speaker of the House and the President pro tempore of the Senate.
- Alternatively, the Vice President and a majority of the Cabinet can provide a written declaration of the President's inability to serve.
2. Section 2: Vice President to Act as President
- If the President declares their inability or is declared unable as described above, the Vice President immediately assumes the powers and duties of the office as Acting President.
- However, the President can resume office by informing the Speaker of the House and the President pro tempore of the Senate in writing that they are again able to discharge their duties.
3. Section 3: Temporary Transfer of Power
- The President has the authority to temporarily transfer their powers and duties to the Vice President without officially declaring their inability to serve.
- To make such a temporary transfer, the President must provide a written declaration to the Speaker of the House and the President pro tempore of the Senate.
- Unlike in Section 2, the President remains in office in such cases, but the Vice President assumes the powers and duties of the office as Acting President until the President revokes the temporary transfer.
4. Section 4: Permanent Transfer of Power
- This section details a more complex process in the case where the President is unwilling or unable to declare their inability to serve, even if the Cabinet and Vice President believe they are unable to fulfill their duties.
- The Vice President and a majority of the Cabinet can provide a written declaration to the Speaker of the House and the President pro tempore of the Senate, stating that the President is unable to discharge their powers and duties.
- Upon such a declaration, the Vice President immediately assumes the powers and duties of the office as Acting President.
- However, the President can challenge the declaration by sending a written statement to the Speaker of the House and the President pro tempore of the Senate within four days.
- In such cases, Congress must convene within 48 hours and make a decision. A two-thirds vote in both the House of Representatives and the Senate is required to determine that the President is unable to serve, resulting in the permanent transfer of power to the Vice President.
It is important to note that the Twenty-Fifth Amendment is designed to address situations where the President is unable or unwilling to fulfill their duties and does not involve impeachment or removal from office.
To outline the sequence of events described in the Twenty-Fifth Amendment of the United States Constitution, which outline the process to install the vice president as acting president against the will of the president, follow these steps:
1. Section 1: In case of the removal, resignation, or death of the president, the vice president shall immediately assume the office of the president.
- If the president willingly steps down or passes away, the vice president automatically becomes the new president without the need for any further action.
2. Section 2: If the vice presidency becomes vacant, the president shall nominate a new candidate who will assume the role after being confirmed by a majority vote in both the House of Representatives and the Senate.
- If the vice president's position is vacant due to resignation or death, the president will nominate a new vice president.
- The nominee must be confirmed by a majority vote in both the House of Representatives and the Senate.
3. Section 3: The president may temporarily transfer power to the vice president if unable to discharge the powers and duties of the office but intends to resume them.
- If the president is temporarily unable to fulfill their duties, they can voluntarily transfer power to the vice president.
- This transfer can happen due to illness, medical procedures, or any other temporary incapacity.
- Once the president deems themselves capable, they can take back power from the vice president.
4. Section 4: The vice president and a majority of the cabinet or another body established by Congress can declare the president’s incapacity, which would temporarily install the vice president as acting president.
- This section provides a process to address cases where the president may be unable or unwilling to relinquish power when necessary.
- The vice president, along with a majority of the cabinet or a body established by Congress, can declare the president incapable of fulfilling their duties.
- This declaration needs to be submitted in writing to the President pro tempore of the Senate and the Speaker of the House of Representatives.
- As a result, the vice president would assume the role of acting president until the president, along with a majority of the cabinet or the designated body, declares their ability to resume the duties.
It's important to note that the Twenty-Fifth Amendment provides a framework for these scenarios, but the specific implementation and interpretation may vary based on legal and constitutional processes.