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January 13, 2021 - 11:09am

Jacobs votes against resolution calling on Pence to invoke 25th Amendment

posted by Press Release in Chris Jacobs, news, NY-27.

Press release:

“The Constitution entrusts the Vice President and the Cabinet with the authority to invoke the 25th Amendment, and it is only intended to be used when a President is incapacitated – not as means of punishment. Congress has no place in this process and the Vice President’s decision not to invoke the 25th Amendment makes tonight’s vote no more than political posturing from Speaker Pelosi. At a time when our nation cannot bear more division, the Speaker should pull consideration of this resolution from the floor and instead work with us to heal the country.”

NOTE: Text of the 25th Amendment, Section 4:

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, 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.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days 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. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session.

If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses 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.

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