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After it was announced today in Washington that the President of the United States, Donald Trump, and his wife Melania had been infected with the new Corona virus; Questions have been raised about the future of government in the United States if the White House resident’s condition worsens.
The Constitution of the United States has clear provisions to guarantee the continuity of government in the event of the death of the president or his inability to serve, and Amendment 25 of 1967 includes all the details of the transition process.
And it caused President Dwight Eisenhower’s illness several times during his second term between 1956 and 1960 to consider a mechanism that would allow the president not to be vacant under any exceptional circumstances.
The United States is preparing for all expected scenarios, which Al Jazeera Net summarizes in a question and answer format as follows:
What is the context of Constitutional Amendment No. 25?
During the term of President Eisenhower, he suffered a heart attack and a slight stroke, which left an unprecedented state of uncertainty in the White House, amid the tense periods of the Cold War with the Soviet Union.
Eisenhower and his deputy, Richard Nixon, agreed to an agreement whereby Eisenhower would temporarily resign from power if he became incapacitated again, but would determine himself when to reinstate his duties, and the agreement did not address what would happen in the event of total disability.
When John F. Kennedy succeeded him, anxiety about the power vacuum in the White House lessened. However, his assassination created the need to fix the situation to face urgent crises such as the assassination of the president or his inability to fulfill his functions.
What is the constitution’s position on the succession of the president?
Article 2, clauses 1 and 6 stipulate that the vice president assumes the “powers and duties” of the president in the event of “incapacitation” of the president, but they do not say how it is determined that the president cannot serve.
Hence the 25th Amendment to the Constitution, passed by Congress in 1965 and ratified in 1967, when Nevada became the 38th state to pass it.
Articles 3 and 4 of the amendment fill this constitutional gap: how to ensure that the nation has an executive head when the president is incapacitated.
What does Amendment 25 say in the United States constitution?
The amendment deals with 3 scenarios, when the president decides that he is incapacitated and then decides that he can return to office. The President writes it down and informs the Speaker of the House of Representatives and the Acting Speaker of the Senate of his disability, and notifies them again in writing when he is fit to serve.
The vice president shall serve as the interim presidency during the president’s periods of incapacity.
Has Constitutional Amendment No. 25 ever been activated?
Yes, the department was called 3 times as follows:
The case of President Ronald Reagan who underwent surgery for a cancerous tumor in 1985, and Vice President George Bush Sr. became interim president for a temporary period.
And twice under the presidency of George W. Bush, in 2002 and 2007, when he underwent colonoscopy operations.
What about the president’s sudden deficits?
Part 4 of the Amendment to the Constitution 25 treats this part as follows: In such a case, the Vice President and the majority of the ministers inform the Speaker of the House of Representatives and the Acting Speaker of the Senate that the President cannot serve. their functions, and the Vice President immediately assumes the position of Interim President and the President resumes his functions. “By written statement.”
What if the president objects to the result that he cannot fulfill his duties?
Part IV of the amendment provides 25 responses that the vice president and a majority of the ministers must re-state that the president is unable to do so, and must do so in writing within 4 days.
After that, Congress must meet within 48 hours and have 21 days to decide on the issue, and both houses must obtain two-thirds of the votes to declare the president unfit to serve.
There is another way in Section IV of the 25th Constitutional Amendment to declare the president unfit to serve.
The vice president could do it with “another body that Congress can establish by law,” which is essentially an independent review board of doctors, psychotherapists, legal experts, and religious leaders.
What is the role of the US military in the transition process?
The military has no role, and the law provides for referral to the US courts and even the Supreme Constitutional Court to resolve any dispute over the identity of the winning candidate in the event of a crisis in the counting or counting of votes, or if a candidate does not admit defeat.
The constitution did not give the army any role in the political transition process. Rather, the constitution specified to the defense minister that it must be a civilian. It also stripped the chief of staff of any political power and weakened the position with which the president could remove him by tweet or phone call.
Who will succeed the president in the event of his death under the United States Constitution?
The constitution clearly defines the line of succession of the president in the event of death or inability to perform his functions. The following table shows the succession ladder.
It is worth noting that, in some cases, he succeeded the vice president on his death or resigned his post, and the holder of the second post or beyond was never forced to organize the ladder of succession.
The disposition of the succession ladder of the president.
Vice President: Mike Pence
Speaker of the House of Representatives: Nancy Pelosi
Acting Senator President: Chuck Gressley
Secretary of State: Mike Pompeo.
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