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A Crash Course on the 25th Amendment

by Olivia Brazier

Well, it’s happening again. This time, Donald Trump has been impeached because of his words which incited the violent insurrection at the capitol. Although the impeachment process has started, other options were initially discussed for getting rid of the President. One of them was the 25th amendment, which Mike Pence could have used to remove Trump from office and take his place.

Hearing about this course of action raises a few questions. How does this amendment work? How do you decide if a President can’t do his job? Why is it an amendment and not part of the actual Constitution? Hopefully, I can answer these questions for you and explain why lawmakers didn’t go with this option.

There is very little written about the role of the Vice President in our Constitution. Here is what Article II, section 1 of our Constitution says about succeeding the President.

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

The main issue with this was that there was no way to replace a Vice President if they died in office. This happened frequently enough that for around 20% of US history before 1965, there was no one to step up if the President died. It was also unclear who decided if a President was unable to perform his duties. What if Congress wanted to remove a President, but the Commander in Chief insisted that he was still able to use his power properly? What if a President was unwell but recovered?

The 25th amendment, which was ratified in 1965, codified the traditional practice of presidential succession after death, and it specified that after a President resigned, their successor became President, not Acting President.

Section 1

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

It also specified a process through which a President could nominate and confirm a new Vice President.

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.

Section 3

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives 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.

Now we come to the part of the amendment that is most relevant today.

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.

Although this amendment could be used to remove a president from office, it’s not designed for the current situation. This power of the Vice Presidents is supposed to be used when the President is “unable to discharge the powers and duties of his office.” Although Donald Trump may be seen by some as self-serving and dangerous, he is still technically able to perform his duties.

So now we know how we got to Trump’s second impeachment and why it was the best option. If lawmakers are set on keeping Trump out of the White House forever, they will have to go through the longer process of impeachment. But for those evacuated from their offices ahead of an angry mob, it’s probably worth the wait.

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How has this Election Affected Students?

by Ava Salado

Given the current times, does this 2020 election affect non-voting age students? More specifically, how has this election affected these youth? Could someone under 18 years old even really care about these things, let alone be affected by it? I interviewed a 16-year-old, named Zephyr Depew, to see what she thinks in hopes of answering these questions.

Depew describes the election as being nerve-racking but reports no unhappiness within her family. One of the biggest questions is if students really care about the election. When asked this, she replied with “I do care but sadly I can’t vote because I’m underage so I care about it a decent amount but I can’t care about it as much as some adults.” When I asked her if her opinion has been swayed by her family members opinion, Depew replied with “A little bit, because of me being raised with people that have this opinion, but I feel I would end up voting for the Democratic party even if I was raised in a Republican household.” Most have seen every Prop XYZ commercial imaginable so it is understandable when Depew answered the question if any commercial or ads have affected her opinion, Depew answered by talking about candidates ad videos. She said “It gives me a bit of a chuckle that it looks like a 12-year-old Fortnite thumbnail, but it hasn’t swayed me to a different side.”

The internet is a place with lots of information, especially every 4 years when the election holiday season comes around. No, we do not get gifted with holiday cheer, but instead with a lot of debates and opinions. Most people get all of their political information from the internet. We wanted to see if the students that are interested in the election get most of their information and opinion from the internet. Depew stated “not really because the part of the internet that I’m on are people that share my opinion, so I haven’t seen any videos that have swapped my opinion around.” If you did not have the internet and just word of mouth and the news, do you think that your political view would be different? Depew’s response was “Maybe, but also with the fact of where I live in California, so close to San Francisco, it’s most likely that I would still have the same opinions of the more democratic leaning side even without the internet.” Now we get to the last question which was, did the prior election leave you with any feelings or opinions different than this year’s election? Depew answers with “No, my opinion is the same, the prior election was not as stressful because I was younger but I still like…so I wasn’t thinking about it as much but I’m about in the same spot that I was last time except a little more pessimistic about the world.”

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Insights From a First Time Voter

by Blake Killion

Every election cycle is a pivotal moment in American history, to help the country decide who will become the next president, to elect officials for different government positions, and to cement in new laws and propositions. This year especially has had special significance with what appears to be a major voter turnout and a much greater interest and perceived importance in politics among the citizens of our country. It is also an opportunity for members of Gen Z, who have been directly impacted by politically driven decisions made about the COVID-19 pandemic. 

On October 31st 2020, I decided to contact a first time voter, Isabella Miranda, to get her insights on the voting situation this year. We spoke over FaceTime, accidentally timed during a likely unintentional fire drill on her college campus. During our call, some honking from a golf cart could be heard blaring by. Sounds like an interesting Halloween.

Blake Killion: This is Blake Killion from The Lighthouse. Thanks for talking today. How old are you?

Isabella Miranda: Eighteen. 

And where do you live? General area, not really specifics.

Riverside, California.

Got it. So this is your first time voting?

Yes.

And what inspired you to vote?

Um, what inspired me to vote was just being able to have a say in who our elected officials are gonna be.

Nice! That’s a good reason. What method did you use to vote? Like ballot box, or mail-

A mail-in ballot.

And what method do you usually prefer to use? Or would you prefer to use.

In person. 

Did you do your research before voting?

Yes.

What would you say influenced your vote the most? Like parent influence, research or peer opinion, etc

Uh, research.

And do you think your vote makes a difference? 

Yes.

Awesome, thank you!

No problem.