25th amendment Archives - Ramblin' with Roger

Politics: Don’t forget about 1974

RMN

Understandably, many people’s jaws have dropped over the changes in the political landscape during July 2024. Many of them compared it to 1968, and rightly so.

But don’t forget about 1974. That was the year that Richard Nixon resigned after the Watergate debacle. I was reminded of this when my Wordle buddy used PENCE on the way to PENNE. He said he was thinking about the money, not the VEEP. I replied: “Of course, but it reminds me to try the word occasionally.”

His response: “AGNEW has 5 letters, but nobody ever thinks of him.” Au contraire! “I think of Ted all of the time. He’s why Jerry Ford became president 50 years ago.”

Ted

Vice-President Spiro T. Agnew was newly re-elected in 1972 with Richard Nixon. Initially, he was not the target of an investigation in Maryland, where he had been governor. However, by June 1973, [Lester ] “Matz’s attorney disclosed to Beall that his client could show that Agnew had not only been corrupt but that payments to him [from Matz’s engineering firm] had continued into his vice presidency. The statute of limitations would not prevent Agnew from being prosecuted for these later payments.”

Ultimately, “on October 10, 1973, Agnew appeared before the federal court in Baltimore and pleaded nolo contendere (no contest) to one felony charge, tax evasion, for the year 1967. [U.S. Attorney General Elliot] Richardson agreed that there would be no further prosecution of Agnew and released a 40-page summary of the evidence. Agnew was fined $10,000 and placed on three years’ unsupervised probation. Immediately prior to entering court, Agnew had an aide submit his formal letter of resignation to the Secretary of State, Henry Kissinger, and sent a letter to Nixon stating he was resigning in the best interest of the nation. Nixon responded with a letter concurring that the resignation was necessary to avoid a lengthy period of division and uncertainty, and applauding Agnew for his patriotism and dedication to the welfare of the United States.”

25A

This kicked in Section 2 of the 25th Amendment, which reads: “Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.”

Some Vice-Presidents ascended to the Presidency and had no Veep: John Tyler (after William Henry Harrison, 1841-1845); Millard Fillmore (after Zachary Taylor, 1850-1853); Andrew Johnson (after Abraham Lincoln, 1865-1869); Chester A. Arthur (after James Garfield, 1881-1885). Others – Teddy Roosevelt, Calvin Coolidge, Harry Truman, and Lyndon Johnson – had no Veep until the following election.

So this was a new thing. Gerald Ford, the House Minority Leader, “was nominated to take Agnew’s position on October 12, the first time the vice-presidential vacancy provision of the 25th Amendment had been implemented. The United States Senate voted 92 to 3 to confirm Ford on November 27. On December 6, the House confirmed Ford by a vote of 387 to 35. After the confirmation vote in the House, Ford took the oath of office as vice president.”

Then, after Watergate became untenable for Nixon, he addressed the nation on television on August 8, 1974, and resigned from the presidency the next day.

When Gerald Ford became President, the 25th Amendment was used again to elevate Nelson A. Rockefeller to vice president in December 1974. Those were weird times.

1968

Not that 1968 wasn’t strange. Doris Kearns Goodwin, who has a recent book about how she and her late husband interacted with the times, appeared on The Weekly Show in late July. She schooled Eugene Daniels and host Jon Stewart on the situation’s complexity.

Not only did Lyndon Johnson, the Democratic President, decide he would not run for re-election, but he would also engage in some diplomacy to end the Vietnam War. He realized that if he couldn’t do the latter without doing the former, so he went on TV at 9:00 PM on March 31st.

But only four days later, Martin Luther King, Jr., was assassinated. This put the kibosh on the peace plan, as he had to deal with massive disruptions on the streets. Robert Kennedy started actively running for president after Eugene McCarthy had gotten 42% of the vote in the New Hampshire Democratic primary against the incumbent. He was very likely to become the party nominee when, in early June, just after the California primary, RFK was assassinated.

This caused chaos at the Democratic convention in Chicago in August 1968. Hubert Humphrey, Johnson’s vice president, became the nominee, but so many people were slow to get behind HHH that Richard Nixon – remember him? – barely won the Electoral College, with George Wallace, the third-party candidate, taking five states.

2024

So, it is not shocking that the Democrats have coalesced behind Kamala Harris. Her campaign could keep the money raised by the Biden/Harris campaign.

I find it hysterically funny that the Republicans are suggesting that those 14 million people who voted for Joe Biden in the very non-contested Democratic primaries were losing their franchise because Harris is now the nominee. They have supported a candidate on the Republican side who wanted to disenfranchise 81 million people who voted for Joe Biden in 2020 and, more than that, continue the lie that the election was stolen.

It’s almost humorous to listen to djt being surprised that Kamala Harris identifies as part black, given the fact that she attended an HBCU, Howard University, and was a member of a black sorority, AKA. Her mother has been on record that she raised Kamala as black because she knew that she would be perceived as black by most people. Yes, race in America is complicated, but the misogynoir in djt has often been very strong.

I’ve been aware of Rachel Scott, the ABC reporter who questioned him at the black journalists’ event, for a while. She, along with Diane Sawyer, presented a Peabody-nominated report about how pregnant women who wanted to have kids were experiencing severe outcomes but, because of anti-abortion laws, could not receive medical treatment. She’s not a new kid on the block but is the senior congressional reporter for ABC News.

25th Amendment hashtag

Ford and Rockefeller

The 25th Amendment to the US Constitution, initiated by Congress in 1965 and ratified by 3/4s of the states in 1967, has four parts. I expect that the part that people are posting about online is referring to the fourth.

Briefly, the other three. Section. 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

This is alluded to in Amendments 12 and 20 but is much clearer here. JFK’s assassination in 1963 was surely on the minds of the citizenry.

Section 2. “Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.”

Gerald Ford (under Nixon) and Nelson Rockefeller (under Ford) became Veep under this provision.

Section 3. “Whenever the President transmits to [Congress] his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.”

The 25th Amendment has been used 3 times to relieve presidents deemed unfit to govern — each case involving physical health.

Section 4, as noted, is the item most discussed. As early as May 2017, the question was whether the vice president, Cabinet, and Congress would determine that the current White House resident was “unable to discharge the powers and duties of his office.”

It is not easy, but it is convoluted. “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 [let’s say the Cabinet], 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.

“But when the President transmits to the [Congressional leaders] his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and [the Cabinet] transmit within four days to the {Congressional leaders] their written declaration that the President is unable to discharge the powers and duties of his office.”

Then “Congress shall decide the issue… [if by a] two-thirds vote of both Houses [determine] that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.”

One can argue that the removal SHOULD happen. It won’t. I have serious doubts that, even if the House voted to impeach, the Senate would vote to convict. Ultimately, the only solution is the ballot.

Anonymous op-ed, Vichy collaborators, 25th Amendment

The revelations from Bob Woodward’s new book, Fear, which SHOULD be remarkable, merely confirm what’s we’ve already heard.

anoymous op-ed from the New York Times headline I’ve been away again. Any news?

Last night, the family was watching two episodes of The Daily Show with Trevor Noah. In one of the monologues, I had to pause the TV because my wife was so in agreement with the commentary. Specifically, in light of the New York Times anonymous op-ed piece, the notion that there are members of the administration are reigning in the regime’s excess was NOT making her feel more secure.

As Frank Rich Frank Rich noted in New York Magazine:

“If we are to believe Mr. (or Ms.) Anonymous, he and his fellow in-house Trump resisters are the ‘adults in the room’ and ‘unsung heroes’ who are ‘working diligently from within to frustrate parts of his agenda and his worst inclinations.’ This is no doubt how Mitch McConnell, Paul Ryan, and all the rest of the president’s Vichy Republicans see themselves too.”

And, Rich notes, this is utter BS. These are NOT profiles in courage. As the Boston Globe noted, “Cabinet members shouldn’t be applauded for resorting to extralegal measures in response to Trump’s erratic behavior when the Constitution provides a legal recourse.”

Sadly, the Times piece and the revelations from Bob Woodward’s new book, Fear, which SHOULD be remarkable, merely confirm what’s we’ve already heard, a White House “riddled with resistance, madness, and sheer lunacy,” led by a person of what appears to be erratic behavior and instability. Naturally, the counterattack violates federal regulations.

Guessing the author of the piece has become a parlor game. I’ve heard/read convincing arguments for several. Slate makes the case for the U.S. ambassador to Russia, Jon Huntsman, my favorite GOP Presidential candidate in 2012.

The regime has called on the Department of Justice to find the writer, which is funny because Attorney General Jeff Sessions is an obvious possibility. Has anyone been so publicly ridiculed by his boss for so long and kept his job, so far?

Counselor Kellyanne Conway says her boss thinks it’s someone in national security. For what it’s worth, both my daughter and I thought it might be her. She’s very crafty and could write a piece using phrases suggesting that Vice-President Mike Pence is the author.

The anonymous writer says the cabal he or she represents dismissed invoking the 25th Amendment in order to avoid a constitutional crisis. Based on the evidence, we’re already there.