"The West Wing" Continuity Guide

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25th Amendment:

In relation to the President being in surgery in "In the Shadow of Two Gunmen" and the President voluntarily turning over power in "Twenty-Five".

Who Was In Charge While the President was in Surgery and Coming out from under the Anesthetic in "In the Shadow of Two Gunmen"? Michael Singer writes: "the national security advisor and Danny were a) incorrect in their understanding of the 25th amendment or b) it is different in their world. While section 2 does say that any transfer must be in writing, section 3 allows for the Vice President and a majority of the principal executive officers [to] submit a letter to the [Speaker of the House] and the President Pro Tempore that the President is unable to fulfill his duties and thus the Vice President takes over. The President would then take over when he submits a letter saying what caused his inability has passed. Thats the gist of section 3 of the 25th amendment. so when the national security advisor said it was confusing and Danny questioned who was in charge, it seems obvious that the 25th does specify and that if it was a big deal, its very easy to rectify w/o a letter from the president."

Amendment XXV
(1967)

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become 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.

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.

The Palm Beach Post: Tuesday, May 20 " The 25th Amendment on TV" By Kevin D. Thompson About "24" and "The West Wing" using this amendment in recent shows episodes.

So what happens if there is no Vice President?

Rich Goldberg writes in response to "Bad Moon Rising": "Right in the beginning (the first line), the White House Counsel said, 'My staff's work on the analysis of HR 437 ignored the fourth amendment implications and instead became fascinated with the third, seventh, and eleventh. You gotta be a prime number to get the attention of the US Supreme Court.'

"The thing is, the Third Amendment is about quartering troops. A resolution in the House couldn't possibly have raised third amendment questions.

"Amendment III: "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."

See a full copy of the Amendments to the Constitution after the Bill of Rights (the first 10).

U.S. Code: TITLE 3 > CHAPTER 1 > Sec. 19. - Vacancy in offices of both President and Vice President; officers eligible to act

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