Yesterday’s blog post on the need to start pressuring Biden’s cabinet to invoke the 25th Amendment drew a lot of readers and commenters, with much concern expressed about what happens next. Because the 25th has never been invoked, there is some confusion about whether or not a new vice president would need to be appointed.
As commenter Patricia Kunz pointed out, under the terms of the Amendment’s Section 3 , no official vacancy is created in the office of Vice President: 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. This means that the Vice President remains […]
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