The 25th Amendment can cause a president to be at odds with the vice president and Cabinet

Editor's note: This is a regular feature on issues related to the Constitution and civics written by Paul G. Summers, retired judge and state attorney general.

The 25th Amendment addresses vacancies in the office of president. It concerns the inability of the president “to discharge the powers and duties of his office.”

The amendment addresses Congress’ duties and responsibilities to determine whether the president is able to so discharge.

The amendment was ratified by the states on February 10, 1967. Because of its complexity, we have allotted two articles to discuss.

The former article discussed voluntary relinquishment of office due to disability.  This article addresses Involuntary transfer of power.

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Removing the president temporarily from office takes effort and consensus

Let us suppose that the president is unable physically or mentally to discharge his/her duties or powers.

What is the constitutional procedure if, for whatever reason, the president will not submit a voluntary written document to that effect?

Section 4 provides a constitutional process for someone to take her or his place in case that happened.

Whenever the vice president and a majority of the Cabinet (or a body provided by Congressional legislation) submits a written declaration to the president pro tempore of the Senate and the Speaker of the House of Representatives that the president cannot discharge his office, then “the Vice President shall immediately assume the powers and duties of the office as Acting President.”

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Even if the president sees fit to return to office, there’s an override mechanism

When the president submits to those congressional leaders a written declaration “that no inability exists,” he shall resume the office.

The president resumes unless the vice president and a majority of the Cabinet or body provided by congressional legislation, within four days, provides in writing that the president cannot assume the duties and powers of office.

That written declaration shall be submitted to the president pro tempore of the Senate and the Speaker of the House.

Congress then must decide the issue, and the amendment sets forth an expedited period for a decision.

If Congress “…determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President….”

If the vote is not two-thirds, “…the President shall resume the powers and duties of his office.”

Part I discussed the procedures for a voluntary relinquishment of duties and powers of the president. Part II addresses the involuntary temporary relinquishment of duties and powers from office concerning the President of the United States.

We shall continue our study of the 26th Amendment to the U. S. Constitution. I promise you that reading the Constitution is time well spent.

Paul G. Summers is an attorney. He formerly served as an appellate and senior judge, district attorney general, and attorney general of Tennessee. Born and raised in Fayette County, he lives in Holladay and Nashville.

This article originally appeared on Nashville Tennessean: Constitution: 25th Amendment may pit president against VP and Cabinet