25th Amendment

1. How did Deputy Attorney General Rod Rosenstein react to President Trump's firing of FBI Director James Comey?

• He was bewildered and said that he could possibly call upon Jeff Sessions and John Kelly to invoke the 25th amendment.

2. What does Section 4 of the 25th Amendment give the Cabinet the power to do?  Why would they do this?

• It gives the vice president and a majority of sitting Cabinet secretaries the power to decide that the president is “unable to discharge the powers and duties of his office,” and send it to the Speaker of the House and the Senate president pro tempore.
• They would do this to remove an unfit president from power, or just to remove him from power in general.

3. What does Congress do if the Cabinet exercises this power?

• If the president refutes it, then within 21 days (if not in this time period president keeps power), Congress votes on if the president is unfit, needing 2/3 votes to deem he is unfit in each house.

4. What happened to the presidency when James Garfield or Woodrow Wilson were unable to fulfill their duties as POTUS?

• They just remained president and didn't do much for those months.

5. What event finally got Congress to address the problems with presidential succession?

• The assassination of JFK.

6. Besides the powers adressed in #2, what else is covered in the 25th Amendment?

• If a president died or resigned or was convicted of impeachment crimes, the vice president would become president, and it said a simple way to fill a vacant vice presidency in which the president nominates someone, and both Houses of Congress take a vote. It also covered for an injured president to voluntarily transfer their powers to the vice president and then easily get them back with a written declaration that he was healthy again.

7. What would have to happen in order for VP Mike Pence to assume power right now?

• He and a majority of sitting Cabinet secretaries the power to decide that the president is “unable to discharge the powers and duties of his office,” and send it in writing to the Speaker of the House and the Senate president pro tempore, then Mike Pence takes power. If Trump refutes this, then in 21 days if 2/3 of each house says Trump is unfit, then Pence can keep power.

8. What does "unable to discharge the powers and duties of his office." mean?

• It could mean a lot of things, like poor physical health, mental health, judgement, or just disagreement.

9. What could the president do if he disagrees with his Cabinet?

• He could tell the Speaker of the House and the Senate pro tem that he is not unable to perform duties, and if it is still said by the cabinet and VP that he is unable, then it goes to Congress.

10. How does this article differentiate this action from a coup?

• It is different from a coup because it is legal and constitutional.