In case the President is disabled, the way the Vice President becomes President is determined by the:
a Congress.
b Presidential Succession Act.
c Original Constitution
d 25th Amendment
The correct answer and explanation is:
The correct answer is d) 25th Amendment.
The 25th Amendment of the U.S. Constitution deals with presidential succession and disability. Specifically, it outlines the process by which the Vice President can assume the role of President in case the sitting President is unable to perform the duties of the office. This can occur if the President becomes incapacitated due to illness, injury, or other reasons that impair their ability to carry out their duties.
Section 3 of the 25th Amendment allows the President to voluntarily transfer power to the Vice President by declaring in writing that they are unable to fulfill their duties. This transfer of power remains in effect until the President declares they are able to resume office. Section 4 provides a more complicated process where the Vice President, together with a majority of the Cabinet, can declare the President incapacitated. In this case, the Vice President would assume the role of Acting President. If the President contests this declaration, Congress would have to decide the issue.
The 25th Amendment was ratified in 1967, largely in response to concerns about the continuity of government following the assassination of President John F. Kennedy and the subsequent health crises of later Presidents, including Dwight D. Eisenhower. Prior to this amendment, there was no clear legal framework for handling a situation where the President became unable to fulfill their duties. This uncertainty was a problem in previous administrations, which prompted the need for a more formalized solution.
In summary, the 25th Amendment provides a clear process for determining when and how the Vice President assumes the role of President in the event of presidential disability, ensuring continuity in leadership.