Deep Dive
Shownotes Transcript
We have breaking news. President Biden has just announced that he is ending his reelection bid. Joe Biden has recently stepped down from his nomination as the Democratic candidate for president, but he still claims he's fit to run the country. But what exactly happens if his own party or even his own VP disagrees with him? What happens if he falls ill or, God forbid, falls into a coma? Does Jill become the actual president who runs the country?
The need for a clear line of presidential succession became evident early in American history. The original Constitution was vague at best about what would happen if the president died, resigned, or became incapacitated.
This ambiguity was first tested in 1841, when President William Henry Harrison died just a month into his term. Vice President John Tyler boldly declared himself the new president, setting a precedent known as the Tyler Precedent. Further issues arose with President Woodrow Wilson's incapacitation due to a stroke in 1919. Wilson's wife and doctor kept his condition secret, effectively leaving the nation without a functioning president.
The need for a formal process became even more urgent during the Cold War era, particularly after President Dwight D. Eisenhower suffered a heart attack and a stroke in the 1950s. Eisenhower made informal arrangements with Vice President Richard Nixon, but these were not legally binding.
The assassination of President John F. Kennedy in 1963 brought the issue to the forefront. Vice President Lyndon B. Johnson had health concerns. The next in line were elderly congressional leaders, making the situation even more precarious. Senator Birch Bayh led the effort to draft the 25th Amendment, which was introduced to Congress in 1965 and ratified on February 10th, 1967. The 25th Amendment has four sections. Section 1. If the president dies, resigns, or is removed from office, the vice president becomes the president.
Section 2: If there is a vacancy in the vice presidency, the president nominates a new vice president who must be confirmed by a majority vote of both houses of Congress. Section 3: The president can voluntarily transfer power to the vice president by notifying both the Senate and the House. The vice president becomes the acting president until the president declares that he or she is able to resume his or her duties. Section 4: The vice president and a majority of the cabinet can declare the president unable to discharge his or her duties, making the vice president the acting president.
If the president can challenge this declaration, Congress must decide the issue with a two-thirds vote within 21 days. The 25th Amendment has been invoked several times. In 1973, the 25th Amendment was invoked for the first time under dramatic and unprecedented circumstances catalyzed by the resignation of Vice President Spiro Agnew. Agnew resigned on October 10, 1973, after being charged with accepting bribes and committing tax fraud during his tenure as governor of Maryland and vice president.
This resignation came amidst the already tense political climate of Watergate, which was engulfing President Nixon's administration. The 25th Amendment, Section 2, was then employed to fill the vice presidential vacancy. President Nixon nominated Gerald Ford, then the House Minority Leader, as Agnew's replacement. Ford was a well-respected bipartisan figure known for his integrity and ability to work across the aisle, which made him a suitable candidate to restore some degree of stability and trust during a seriously tumultuous period. Ford's nomination was significant.
As it marked the first time in American history the vice president was appointed rather than elected, highlighting the practical importance of the 25th Amendment. Ford's nomination required confirmation by both houses of Congress, a process that underscored the constitutional checks and balances envisioned by the amendment. The House of Representatives confirmed Ford by a vote of 387 to 35 on December 6th, 1973. The Senate had already confirmed him earlier by a vote of 92 to 3.
Ford's confirmation was a testament to his bipartisan appeal and the urgency of filling the VP vacancy during a period of national crisis. This use of the 25th Amendment set a precedent for its future application. This event paved the way for Gerald Ford eventually ascending to the presidency in August 1974, following Nixon's resignation, further cementing the importance of the 25th Amendment in the continuity of executive power.
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The 25th Amendment was also invoked in 1985 during President Ronald Reagan's tenure, marking a significant moment. On July 13, 1985, President Reagan underwent surgery to remove a cancerous polyp from his colon. The medical procedure required general anesthesia, during which time Reagan would be incapacitated. To ensure the continuity of executive function, Reagan invoked Section 3 of the 25th Amendment, temporarily transferring presidential power to Vice President George H.W. Bush.
Reagan's decisions when both the 25th Amendment was both cautious and unprecedented. Before the surgery, Reagan sent a formal letter to the president pro tempore of the Senate and the Speaker of the House, notifying them of his temporary incapacity and transferring his duties to Bush. This action was a practical demonstration of the amendment's provision for voluntary transfer of power aimed at ensuring there would be no gap in leadership during his surgery.
The arrangement lasted for approximately eight hours during which Bush carried out the duties of the presidency from his residence in Washington, D.C. Reagan's operation was successful. Once he had recovered from the anesthesia, he promptly sent another letter reclaiming his presidential powers.
This use of the 25th Amendment was particularly notable for its clarity and effectiveness. It provided a clear legal framework for temporary transfer of power, thereby avoiding any potential confusion or power vacuum during a critical moment. Reagan's willingness to invoke the amendment underscored its importance in addressing issues of presidential incapacity, even for short durations. And the smooth transition back to Reagan's administration after his recovery demonstrated the amendment's efficacy in maintaining stability and continuity in the executive branch.
Overall, the 1985 invocation of the 25th Amendment reassured the nation there were clear and reliable mechanisms for handling presidential incapacity, whether temporary or permanent. In 2002 and 2007, President George W. Bush invoked the 25th Amendment twice, utilizing Section 3 during routine medical procedures. On June 29, 2002, Bush was scheduled to undergo a routine colonoscopy, which required sedation. To avoid any gap in leadership while he was under anesthetic, Bush officially transferred his presidential powers to Vice President Dick Cheney.
Like Reagan, Bush sent letters to both the president pro tempore of the Senate and the Speaker of the House, informing them of his temporary incapacity and his transfer of power to Dick Cheney. The procedure was brief. Cheney acted as president for approximately two hours from 7.09 a.m. to 9.24 a.m. After the procedure, Bush reclaimed his presidential powers by letter.
In 2007, July 21st, President Bush again invoked Section 3 of the 25th Amendment under similar circumstances, another colonoscopy, another transfer of presidential authority to Vice President Cheney. Again, it took about two hours. It's been the honor of my life to serve as your president. You know, in recent weeks, it's become clear to me that I need to unite my party together
If Joe Biden were to become incapacitated or to fall into a coma, the 25th Amendment provides a structured process to ensure continuity of executive leadership. If the president is aware of an impending incapacitation, like, you know, a colonoscopy, he can invoke Section 3.
The section allows the president to voluntarily transfer power to the VP by sending that written declaration to the president pro tem of the Senate and the Speaker of the House, stating they're unable to discharge the powers and duties of the office. Kamala Harris would then assume the role of acting president. Upon recovery, the president sends another written declaration to the same people, saying that he or she is able to resume duty, thus reclaiming presidential powers.
Let's say that Joe Biden becomes incapacitated suddenly. He falls into a coma and is unable to communicate his inability to govern. This is where Section 4 of the 25th Amendment comes into play. This section allows the vice president, along with a majority of the principal officers of the executive departments, the cabinet, to declare the president unable to discharge the duties of the office. They have to send a written declaration to the president pro tem of the Senate and the Speaker of the House.
Upon receipt of this declaration, Kamala Harris immediately assumes the role of acting president. The president can later challenge this declaration by sending a written declaration asserting his capacity to resume duty. If the VP and majority of the cabinet still believe the president is incapacitated, they have another four days to send another declaration to Congress. Congress must then convene within 48 hours to decide the issue. If two thirds of both the House and Senate agree the president is unable to discharge the duties of the office, the VP continues as acting president. Otherwise, the president resumes his duties.
Right now, should Kamala Harris invoke the 25th Amendment? Well, it doesn't appear that Joe Biden is with it, so it's an open question. No matter what happens, the 25th Amendment ensures the executive branch can maintain continuous and effective leadership, even in the face of presidential incapacitation. Whether through a voluntary or involuntary transfer of power, the mechanisms provided by the amendment safeguard the nation's stability and governance, reflecting the foresight of the framers and the practical needs of modern governance.