Explainer: How Mike Pence could temporarily assume control if Trump becomes incapacitated

[snoop1130]

Explainer: How Mike Pence could temporarily assume control if Trump becomes incapacitated

 

U.S. Vice President Mike Pence speaks, with White House Counsel Pat Cipollone and White House Chief of Staff Mark Meadows behind him, during a meeting with Judge Amy Coney Barrett, U.S. President Donald Trump's nominee to the Supreme Court, and Senate Majority Leader Mitch McConnell (R-KY) (both not pictured) in the Capitol, in Washington, DC., U.S., September 29, 2020. Erin Schaff/Pool via REUTERS

 

(Reuters) - Like two U.S. presidents before him, Donald Trump could temporarily hand over power to his vice president should he become incapacitated, for example while undergoing a medical procedure as treatment for the coronavirus.

 

Trump said on Friday that he had tested positive for COVID-19 and was going into quarantine to begin the recovery process immediately.

 

Under Section 3 of the U.S. Constitution's 25th Amendment, adopted in 1967 following the 1963 assassination of President John Kennedy, Trump could declare in writing his inability to discharge his duties.

 

Vice President Mike Pence would become acting president, although Trump would remain in office. The president would regain his powers by declaring in writing that he is again ready to discharge them.

 

The 25th Amendment's Section 4 also offers a path to stripping a president of power if, for instance, his Cabinet believes he has become incapacitated, but this has never been invoked.

 

SECTION 3 PRECEDENTS

 

- On July 13, 1985, President Ronald Reagan elected to have a precancerous lesion removed after it was discovered during a colonoscopy. He signed a letter that, while not specifically invoking Section 3, said he was mindful of its provisions. Vice President George H.W. Bush was acting president for nearly eight hours, from 11:28 a.m. until 7:22 p.m., when Reagan issued a letter declaring himself able to resume his duties.

 

- On June 29, 2002, President George W. Bush invoked Section 3, temporarily transferring his powers to Vice President Dick Cheney before undergoing a colonoscopy. Cheney was acting president from 7:09 a.m. to 9:24 a.m.

 

- On July 21, 2007, Bush again invoked Section 3 before another colonoscopy. Cheney was acting president from 7:16 a.m. to 9:21 a.m.

 

SECTION 4

 

Under Section 4, the vice president and a majority of either Cabinet officials or “such other body as Congress may by law provide” can inform leaders in the two houses of Congress that the president “is unable to discharge the powers and duties of his office”.

 

In such a case, the vice president takes over as acting president. The president resumes office after informing the same two congressional leaders “that no inability exists” unless the Cabinet officials or other body declare otherwise. Congress then must assemble within 48 hours to decide the issue.

 

If two-thirds of the members of the House of Representatives and of the Senate vote in their respective chambers that the president is unable to discharge the duties of office, the vice president remains acting president until after the next scheduled presidential election decides the next White House occupant. Otherwise, the president resumes office.

 

-- © Copyright Reuters 2020-10-02

 

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[Justgrazing]

1 hour ago, snoop1130 said:

President Ronald Reagan elected to have a precancerous lesion removed after it was discovered during a colonoscopy.

 

1 hour ago, snoop1130 said:

President George W. Bush invoked Section 3, temporarily transferring his powers to Vice President Dick Cheney before undergoing a colonoscopy

 

1 hour ago, snoop1130 said:

Bush again invoked Section 3 before another colonoscopy

Sounds like it's not within Pence's scope then .. 

 

[ukrules]

If there's one thing the Democrats will hate more than Trump as President - this is it - Mike Pence.

 

He's their worst nightmare nicely wrapped in a flag and carrying a cross ????

 

Edited October 2, 2020 by ukrules

[Sujo]

If it must be a republican i wish it was john kasitch.

[Andrew Dwyer]

Let Joe have a week running the country, should settle the election issue, one way or another ????

[tonray]

"Mother" Pence is getting measurments for drapes as we speak

[Isaan sailor]

Just make sure Nancy Pelosi has no chance of steering this ship.

[tonray]

2 minutes ago, Isaan sailor said:

Just make sure Nancy Pelosi has no chance of steering this ship.

Perhaps a ship run aground needs a new captain

[Bluetongue]

Pelosi shortened in the betting overnight from 1000 to 1 to 100 to 1

[Ireland32]

2 hours ago, Isaan sailor said:

Just make sure Nancy Pelosi has no chance of steering this ship.

I love how she lives in your Brains , Lovely 

[Ireland32]

2 hours ago, Isaan sailor said:

Just make sure Nancy Pelosi has no chance of steering this ship.

Pelosi for Life 

[John Drake]

If Trump dies after the election, all the options are clear cut. Were he to die before the election, things would be a real mess. Are electors obligated to cast their vote for a deceased candidate? It's too late to put another name on the ballot in nearly every state. Do people vote for Trump/Pence with the idea of Pence becoming president? Or do the Republicans announce that they have another replacement ready and that voters should vote for Trump/Pence. Pence would then take office as president, according to the Constitution, appoint as vice president the person the party announced to replace Trump. Then, Pence would resign as president, the new vice president become president who then appoints and has confirmed Pence as vice president once more. I guess the same thing could go if Biden dies. 

[dunroaming]

This is not usual times in the White House.  With the election due very shortly I doubt that Trump would hand over the reins to Pence if he can possibly avoid it. 

[Paul Henry]

One down.  One to go.  Then Pelosi runs the show. Long Live The PRESIDENT!

[tonray]

1 hour ago, John Drake said:

If Trump dies after the election, all the options are clear cut. Were he to die before the election, things would be a real mess. Are electors obligated to cast their vote for a deceased candidate? It's too late to put another name on the ballot in nearly every state. Do people vote for Trump/Pence with the idea of Pence becoming president? Or do the Republicans announce that they have another replacement ready and that voters should vote for Trump/Pence. Pence would then take office as president, according to the Constitution, appoint as vice president the person the party announced to replace Trump. Then, Pence would resign as president, the new vice president become president who then appoints and has confirmed Pence as vice president once more. I guess the same thing could go if Biden dies. 

Don't fret about it. Neither Trump or Pence are going to be anywhere near 270 votes on November 3rd or 4 th. Trump will resign likely on December 31st after pardoning every one if his criminal cabal. Pence, being the duty bound butt licker he has always been, pardons him on New Years day and enjoys three weeks as President. Mother Pence redecorates the white house residence costing the taxpayers several million for their 3 week stay. Wait for it.

Edited October 3, 2020 by tonray

[ballpoint]

The problem is, in order for Trump to delegate authority to Pence, he has to issue a letter stating that is his intention.  He already has enough to worry about in hospital without having to learn to write as well.

[John Drake]

1 hour ago, ballpoint said:

The problem is, in order for Trump to delegate authority to Pence, he has to issue a letter stating that is his intention. 

Not if he's dead.

[Jingthing]

1 hour ago, ballpoint said:

The problem is, in order for Trump to delegate authority to Pence, he has to issue a letter stating that is his intention.  He already has enough to worry about in hospital without having to learn to write as well.

That is true but there are other methods to do that if he is unconscious. Now if he is awake and makes it clear that he is objecting to this transfer of power, then it probably won't happen. 

[Jingthing]

18 hours ago, ukrules said:

If there's one thing the Democrats will hate more than Trump as President - this is it - Mike Pence.

 

He's their worst nightmare nicely wrapped in a flag and carrying a cross ????

 

You could be right. His agenda is horrible and he's likely much more competent than 45.

[Jingthing]

18 hours ago, Sujo said:

If it must be a republican i wish it was john kasitch.

Won't happen. If it's anyone before the election, it will be Pence.

[Jingthing]

8 hours ago, tonray said:

"Mother" Pence is getting measurments for drapes as we speak

I reckon she did the measurements the first week 45 was in office. 

[Jingthing]

7 hours ago, Isaan sailor said:

Just make sure Nancy Pelosi has no chance of steering this ship.

There is a small chance. Sorry.

[AgMech Cowboy]

Considering the Woodrow Wilson presidency, no need to even consider this.

[thaibeachlovers]

On 10/3/2020 at 1:38 AM, snoop1130 said:

Under Section 4, the vice president and a majority of either Cabinet officials or “such other body as Congress may by law provide” can inform leaders in the two houses of Congress that the president “is unable to discharge the powers and duties of his office”.

 

In such a case, the vice president takes over as acting president. The president resumes office after informing the same two congressional leaders “that no inability exists” unless the Cabinet officials or other body declare otherwise. Congress then must assemble within 48 hours to decide the issue.

 

If two-thirds of the members of the House of Representatives and of the Senate vote in their respective chambers that the president is unable to discharge the duties of office, the vice president remains acting president until after the next scheduled presidential election decides the next White House occupant. Otherwise, the president resumes office.

I'd like to see Pence as president, though I doubt the opposition would agree with me. IMO he'd be Trump without the humour.

The pity is he'd be in power for such a short time he'd not really get into his stride. I can't think of any other that would be electable at such short notice- no doubt IMO that the most worried people at the moment are the GOP leadership.

[Brunolem]

On 10/2/2020 at 7:38 PM, snoop1130 said:

On June 29, 2002, President George W. Bush invoked Section 3, temporarily transferring his powers to Vice President Dick Cheney

There must be a mistake here, Cheney was president, and Bush vice president, not the other way round...

[thaibeachlovers]

12 hours ago, Jingthing said:

You could be right. His agenda is horrible and he's likely much more competent than 45.

IMO his agenda would be just peachy and yes, he is more competent than Trump. Eight years of president Pence- bring it on.

Edited October 3, 2020 by thaibeachlovers

[thaibeachlovers]

13 hours ago, John Drake said:

Not if he's dead.

In that case Pence automatically becomes president. Eight years of President Pence, yes please.

[Brunolem]

20 hours ago, Isaan sailor said:

Just make sure Nancy Pelosi has no chance of steering this ship.

You mean this shipwreck?

 

No one can steer a shipwreck, only pillage it, which is what Wall Street has been doing for many years, with the help of the politicians...

[ukrules]

I've mentioned this before but I solidly believe that if Trump loses the election for one reason or another I 100% believe he will quit/retire and Pence will become '46' for a while.

 

This will be a 'reap the whirlwind moment'.....do not underestimate VP Pence. He's ready, waiting and very willing!

 

[thaibeachlovers]

5 minutes ago, ukrules said:

I've mentioned this before but I solidly believe that if Trump loses the election for one reason or another I 100% believe he will quit/retire and Pence will become '46' for a while.

 

This will be a 'reap the whirlwind moment'.....do not underestimate VP Pence. He's ready, waiting and very willing!

 

Hmmmmm. If Trump loses the election he's "retired" anyway. Needless to say that Pence would not necessarily win in November.