5

The 25th Amendment says that the Vice-President, in conjunction with half of the fifteen executive department heads, can declare the President unfit to discharge his duties. Presently only two of the fifteen departments have confirmed heads (Defense and Homeland Security). The other thirteen are headed by acting secretaries (or equivalent).

If the Vice President were to invoke the 25th Amendment, who would actually be required to support his declaration of the President's unfitness? Would eight acting secretaries be sufficient? Or do they count? Would only one of the two confirmed secretaries be sufficient? Or would he have to actually wait until there are at least eight confirmed secretaries?

  • You should ask if the acting secretary of a cabinet position is in the chain of succession. I think that would be a more interesting question. Consider the Secretary of State in that chain. At what point after he becomes acting president does his deputy enter the chain so that the next in line is no longer eligible. – sabbahillel Jan 26 '17 at 19:00
  • 5
    I'm not sure why this is getting downvotes. Some constructive criticism please? – Stephen Collings Jan 26 '17 at 19:06
  • 3
    @sabbahillel it might be a more interesting question, but it is a completely different question. Whether anyone is in the chain of succession is not relevant to the process of declaring a president unfit for office. – phoog Jan 26 '17 at 19:11
  • 1
    @sabbahillel I agree that's an interesting question. Ask it! – Stephen Collings Jan 26 '17 at 19:13
  • 2
    There seems to be a lot of commentary over what would or would not count as "unfit". it doesn't matter, because contrary to what the question asserts, the 25th amendment does not allow removal of a president who is "unfit". The criteria used in the amendment, multiple times, is "unable to discharge the powers and duties of his office" – Ben Voigt Jan 27 '17 at 3:15
6

The 25th amendment does not state "Secretary". It states "Principal Officers". That term is generic and has no Constitutional definition. Therefore, I would imagine that Acting Secretaries would count. However, this has never been tested by SCOTUS so there is no way to know for sure.

  • The section requiring confirmation in the senate doesn't use the phrase "secretary" either. Because "all other officers of the United States" are appointed with the advice and consent of the senate, anyone who hasn't undergone senatorial confirmation can't count as a "principal officer". – Ben Voigt Jan 27 '17 at 3:12

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.