Seminar on Original Meaning: Linguistic Analysis of Legal Texts
Class One (Wed, Jan 13)
Discussion Assignment One: Controlling conduct with constitutional text
Section 4 of the 25th Amendment to the Constitution states in part:
“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.”
Assume you are legal counsel to Vice President Mike Pence. The Vice President tells you that he does not believe that President Trump has any significant physical or mental health problems. He asks your opinion whether he should use the procedure set forth in Section 4 to assume the powers and duties of Acting President if:
What advice would you give him as to each of these three possibilities?