25th Amendment
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Author Topic: 25th Amendment  (Read 2166 times)
Thomas D
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« on: July 27, 2011, 08:33:40 PM »

The 25Th Amendment was passed shortly after President Kennedy was assassinated. If JFK hadn't been shot would we have passed a similar bill by now? And if so what would have triggered it's passing? The attempt on Reagan's life? 9/11?
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: July 27, 2011, 09:17:47 PM »

While the timing might suggest it, I think the assassination of JFK had little to do with its passage. After all, the situation that occurred in 1963, was more than adequately handled under the existing Article II Section I Clause 6, since JFK died quickly.  Now if JFK had been brain-damaged but survived, it likely would have accelerated the passage of a 25th amendment, based on the Keating-Kefauver proposal of 1963 (made before JFK was shot), that only clarified this point, but did not add a mechanism for filling a Vice-Presidential vacancy.

As mentioned, the initial proposals for clarifying the provisions of Article II Section 1 Clause 6 for replacing the President when he is unable to perform the duties of the office, such as the recommendation made by the ABA in 1960, predated JFK taking office.  So if they had anything to do with Presidential health, they likely were triggered by Ike's health problems, not JFK's assassination.
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Nathan
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« Reply #2 on: August 02, 2011, 04:44:07 PM »

I would think there would have had to have been some sort of mechanism for filing a Vice-Presidential vacancy at least by the time of the whole Nixon/Agnew sh**tstorm.
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Paul Kemp
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« Reply #3 on: August 03, 2011, 01:48:12 PM »

The 25Th Amendment was passed shortly after President Kennedy was assassinated. If JFK hadn't been shot would we have passed a similar bill by now? And if so what would have triggered it's passing? The attempt on Reagan's life? 9/11?

There's no telling that those two things would happen if JFK lives. Not that he'd have any effect on them but chances are American history would be drastically changed just from that simple moment.
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