When there is a vacancy of the office of Vice President, can the section 4 of the 25th Amendment be invoked?
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The first paragraph of the section 4 of the 25th Amendment of the U.S. Constitution reads, "Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President." When there is a vacancy of the office of Vice President, can the majotity of the cabinet members invoke the above amendment? If the answer to the above question is NO, does that mean when there is a vacancy of the office of Vice President, no one can do anything about physiclly or mentally incapacitated President?
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Answer:
NO! The vice president becoming president would then nominated a new vice president and the new vice president must be approved by the house and senate. True example: Succession of Gerald Ford to Presidency (1974) Nixon's resignation letter, August 9, 1974. President Richard Nixon resigned on August 9, 1974, resulting in Vice President Gerald Ford succeeding to the office of President. This made Gerald Ford the only person ever to be Vice President, and later President, without being elected to either office. Appointment of Nelson Rockefeller as Vice President (1974) When Gerald Ford became President, the Vice Presidency became vacant. On August 20, 1974, after having previously considered Melvin R. Laird and George H. W. Bush, President Ford nominated former New York Governor Nelson Rockefeller to succeed him as Vice President. On December 10, 1974, Rockefeller was confirmed 90–7 by the Senate. On December 19, 1974 Rockefeller was confirmed 287–128 by the House and sworn into office.
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