1 00:00:01,920 --> 00:00:06,400 Speaker 1: Welcome to brain Stuff production of I Heart Radio. Hi 2 00:00:06,519 --> 00:00:09,600 Speaker 1: brain Stuff, Lauren foglebam here with another classic episode from 3 00:00:09,640 --> 00:00:13,080 Speaker 1: our archives. This one has to do with the Amendment 4 00:00:13,080 --> 00:00:16,160 Speaker 1: to the Constitution of the United States. We first ran 5 00:00:16,200 --> 00:00:19,880 Speaker 1: it back in late January, of the month that Michael 6 00:00:19,880 --> 00:00:23,279 Speaker 1: Wolfe's book Fire and Fury came out, detailing behind the 7 00:00:23,320 --> 00:00:27,440 Speaker 1: scenes happenings in Trump's White House. It called into question 8 00:00:27,520 --> 00:00:31,520 Speaker 1: for some President Trump's mental health and generated conversation about 9 00:00:31,520 --> 00:00:35,159 Speaker 1: whether the twenty five Amendment might be enacted. It was 10 00:00:35,240 --> 00:00:38,159 Speaker 1: not at the time, but given that this amendment is 11 00:00:38,200 --> 00:00:40,680 Speaker 1: again in the news, I wanted to present again our 12 00:00:40,720 --> 00:00:45,559 Speaker 1: breakdown of what it is and how it works. Hi 13 00:00:45,720 --> 00:00:48,640 Speaker 1: brain Stuff, Lauren fogelbam here. If you've been through in 14 00:00:48,720 --> 00:00:52,720 Speaker 1: American history or government class, some constitutional facts probably left 15 00:00:52,720 --> 00:00:56,680 Speaker 1: a lasting impression. For example, the thirteenth Amendment abolished slavery, 16 00:00:56,840 --> 00:00:59,480 Speaker 1: and the nineteenth Amendment afforded women the right to vote. 17 00:00:59,720 --> 00:01:02,760 Speaker 1: But our twenty seven amendments to the Constitution, and you 18 00:01:02,840 --> 00:01:05,160 Speaker 1: may not have ever had a reason to ruminate on. 19 00:01:05,200 --> 00:01:09,400 Speaker 1: The twenty five Amendment has received special attention as news 20 00:01:09,480 --> 00:01:13,040 Speaker 1: stories regarding President Donald Trump's fitness for office have emerged. 21 00:01:13,480 --> 00:01:16,800 Speaker 1: The amendment was created during the Cold War following President 22 00:01:16,880 --> 00:01:20,360 Speaker 1: Dwight D. Eisenhower's three serious illnesses and President John F. 23 00:01:20,440 --> 00:01:24,759 Speaker 1: Kennedy's nineteen sixty three assassination. Proposed by Congress and ratified 24 00:01:24,760 --> 00:01:28,080 Speaker 1: by the States following it provides the procedures for replacing 25 00:01:28,120 --> 00:01:32,360 Speaker 1: the president or vice president in case of death, removal, resignation, 26 00:01:32,600 --> 00:01:37,320 Speaker 1: or incapacitation. Eisenhower originally entered into a letter agreement that 27 00:01:37,400 --> 00:01:40,160 Speaker 1: stated if his health impeded his ability to run the country, 28 00:01:40,400 --> 00:01:43,480 Speaker 1: power would be transferred to his vice president, Richard Nixon. 29 00:01:43,880 --> 00:01:46,360 Speaker 1: This led to the official Amendment that clarified the rules 30 00:01:46,400 --> 00:01:49,960 Speaker 1: around transfer of power in the event of an incapacitated president. 31 00:01:50,480 --> 00:01:53,720 Speaker 1: After numerous congressional hearings, the final version passed the House 32 00:01:53,720 --> 00:01:56,480 Speaker 1: and Senate in nineteen sixty five and was ratified on 33 00:01:56,520 --> 00:02:00,480 Speaker 1: February tenth, nineteen sixty seven. Their force sections to the 34 00:02:00,480 --> 00:02:03,840 Speaker 1: twenty Amendment. Section one stipulates that the vice president will 35 00:02:03,840 --> 00:02:06,600 Speaker 1: assume the role of president in case of death or resignation. 36 00:02:07,160 --> 00:02:09,840 Speaker 1: Section two covers the event of a vacancy in the 37 00:02:09,880 --> 00:02:12,600 Speaker 1: office of the vice president. In such case, the president 38 00:02:12,680 --> 00:02:15,720 Speaker 1: is responsible for nominating a candidate, who must be confirmed 39 00:02:15,760 --> 00:02:18,520 Speaker 1: by a majority vote of both houses of Congress. The 40 00:02:18,560 --> 00:02:20,480 Speaker 1: history of section to ensures that there is both the 41 00:02:20,520 --> 00:02:24,880 Speaker 1: president and vice president at all times. Section three states 42 00:02:24,880 --> 00:02:27,440 Speaker 1: that the President has the discretion to declare his own 43 00:02:27,440 --> 00:02:30,120 Speaker 1: inability to carry out the job and allows him to 44 00:02:30,160 --> 00:02:33,880 Speaker 1: temporarily ceed power to the vice president. It makes it clear, however, 45 00:02:33,919 --> 00:02:36,480 Speaker 1: that the vice president does not assume the office or 46 00:02:36,600 --> 00:02:41,279 Speaker 1: title of president. Section four, to date has never been implemented, 47 00:02:41,480 --> 00:02:44,480 Speaker 1: but it's the peace of the amendment currently receiving media attention. 48 00:02:44,880 --> 00:02:47,640 Speaker 1: The language empowers the vice president and the cabinet to 49 00:02:47,720 --> 00:02:52,600 Speaker 1: declare a president incapacitated to quote the amendment whenever the 50 00:02:52,680 --> 00:02:55,959 Speaker 1: vice president and a majority of either the principal officers 51 00:02:56,000 --> 00:02:59,000 Speaker 1: of the executive Departments or of such other body as 52 00:02:59,000 --> 00:03:02,320 Speaker 1: Congress may by law provide, transmit to the President pro 53 00:03:02,400 --> 00:03:04,679 Speaker 1: Tempore of the Senate and the Speaker of the House 54 00:03:04,680 --> 00:03:08,040 Speaker 1: of Representatives their written declaration that the President is unable 55 00:03:08,120 --> 00:03:10,959 Speaker 1: to discharge the powers and duties of his office. The 56 00:03:11,080 --> 00:03:14,480 Speaker 1: vice President shall immediately assume the powers and duties of 57 00:03:14,520 --> 00:03:18,000 Speaker 1: the office as acting president. Section four addresses the problem 58 00:03:18,000 --> 00:03:20,800 Speaker 1: of a president who is unable or unwilling to acknowledge 59 00:03:20,840 --> 00:03:24,000 Speaker 1: his or her inability to discharge the powers and duties 60 00:03:24,040 --> 00:03:26,760 Speaker 1: of the presidency. It would be used most likely if 61 00:03:26,760 --> 00:03:30,960 Speaker 1: a president falls unexpectedly unconscious, though it also clearly applies 62 00:03:31,000 --> 00:03:33,880 Speaker 1: when a president is incapacitated because of some other mental 63 00:03:34,040 --> 00:03:37,240 Speaker 1: or physical inability. You may recall the invocation of the 64 00:03:37,280 --> 00:03:39,680 Speaker 1: twenty five Amendment as a result of the Watergate scandal 65 00:03:39,720 --> 00:03:42,960 Speaker 1: in the nineteen seventies. President Nixon invoked it to replace 66 00:03:43,040 --> 00:03:46,920 Speaker 1: resigning Vice President Spiro Agnew with General Ford. Then, when 67 00:03:47,000 --> 00:03:50,120 Speaker 1: Ford replaced Nixon as president, Ford invoked it to appoint 68 00:03:50,160 --> 00:03:54,200 Speaker 1: Nelson Rockefeller to succeed him as vice president. However, in 69 00:03:54,280 --> 00:03:56,960 Speaker 1: order for Section four to be implemented, the vice president 70 00:03:57,040 --> 00:03:59,800 Speaker 1: and a majority of the cabinet must declare the president 71 00:03:59,840 --> 00:04:02,560 Speaker 1: in capacitated in a written statement to the Speaker of 72 00:04:02,560 --> 00:04:05,640 Speaker 1: the House of Representatives and the President pro tem of 73 00:04:05,680 --> 00:04:10,000 Speaker 1: the Senate. Once that happens, presidential powers are automatically transferred 74 00:04:10,040 --> 00:04:13,560 Speaker 1: to the vice president. In order for Congress to successfully 75 00:04:13,560 --> 00:04:16,640 Speaker 1: declare a president disabled, two thirds in each chamber must 76 00:04:16,720 --> 00:04:20,039 Speaker 1: conclude that he is unable to handle the office. The 77 00:04:20,080 --> 00:04:22,560 Speaker 1: disability clause of the twenty five amendment has been invoked 78 00:04:22,640 --> 00:04:26,839 Speaker 1: multiple times since ratification. President's Bill Clinton, George W. Bush, 79 00:04:26,839 --> 00:04:29,800 Speaker 1: and Ronald Reagan invoked it during medical procedures, though it 80 00:04:29,880 --> 00:04:33,920 Speaker 1: was never used when Reagan was shot in However, section 81 00:04:33,960 --> 00:04:37,080 Speaker 1: four has never been invoked to remove a president from office. 82 00:04:37,560 --> 00:04:40,839 Speaker 1: John Hoodak, Deputy director for the Center for Effective Public 83 00:04:40,880 --> 00:04:44,760 Speaker 1: Management and Senior Fellow for Governance Studies at the Briggings Institute, 84 00:04:44,839 --> 00:04:47,960 Speaker 1: writes that the process is more difficult than impeachment and 85 00:04:48,040 --> 00:04:56,760 Speaker 1: is reserved only for truly unique and dire circumstances. Today's 86 00:04:56,760 --> 00:04:59,520 Speaker 1: episode was written by Michelle Konstantinovski and produced by Tris 87 00:04:59,680 --> 00:05:02,080 Speaker 1: McNee all and Tyler Claim. For more on this and 88 00:05:02,160 --> 00:05:04,760 Speaker 1: lots of other topics, visit how stuff works dot com. 89 00:05:04,839 --> 00:05:07,600 Speaker 1: Brain Stuff is production of iHeart Radio. For more podcasts 90 00:05:07,640 --> 00:05:10,600 Speaker 1: my heart Radio, visit the iHeart Radio app, Apple Podcasts, 91 00:05:10,640 --> 00:05:12,400 Speaker 1: or wherever you listen to your favorite shows.