25th Amendment

[Samof94]

What would change if it was actually involved in practice?  This is because it has never actually been used. Imagine if Biden had a stroke and Harris had to become President given he'd be unable to govern.

[Earthling]

What would change if it was actually involved in practice?  This is because it has never actually been used. Imagine if Biden had a stroke and Harris had to become President given he'd be unable to govern.

The 25th Amendment has been used several times. Twice when Ford and Rockefeller were nominated to become Vice President and some 4 times or so when the President was getting an operation and send a letter to the Speaker and President Pro Tem.

There is a part of the Amendment that has not been used which talks about the President being incapacitated. There was no use for it until now.

And if it would change anything if it is put in to practice? I think it would depend on the situation. If Biden has a stroke and is clearly incapacitated than nothing changes as much -Harris becomes the Acting President until Biden can either resume his office, resigns or dies.
It becomes murkier when Biden decides he still can fullfil his job but others judge him otherwise.

[Del Tachi]

Potential issue is whether or not acting secretaries of the executive departments are count for the purposes of Section 4.

[Earthling]

Potential issue is whether or not acting secretaries of the executive departments are count for the purposes of Section 4.

They don´t because they are not confirmed by the Senate. That is a requirement.

[President Johnson]

In my view the biggest open question on the amendment is whether an acting president - ergo someone beyond the vice president in presidential succession - would be able to nominate a vice president via the 25th Amendment (assuming he or she has to step in for the remainder of the term). And if confirmed, whether the newly sworn in vice president would immediately become president then since the speaker or cabinet secretary acting as president is indeed just in acting capacity and not holding the office him/herself. Because the constitution says any person below the vice president can't become president in name and title.

[Fuzzy Bear]

Power transferred from Reagan to Bush one night when Reagan had a medical procedure.  Nothing happened, but what if it did and Bush would have had to act as CiC?

[brucejoel99]

Potential issue is whether or not acting secretaries of the executive departments are count for the purposes of Section 4.

They don´t because they are not confirmed by the Senate. That is a requirement.

They do precisely when they're acting officers who've been confirmed by the Senate; it's known that the Secret Service does protect them as if they're in the line-of-succession (meaning there's an OLC opinion on the books somewhere opining as much), but in terms of court caselaw, there's nothing on acting officers' inclusion in the line, let alone 25A procedures.

[brucejoel99]

In my view the biggest open question on the amendment is whether an acting president - ergo someone beyond the vice president in presidential succession - would be able to nominate a vice president via the 25th Amendment (assuming he or she has to step in for the remainder of the term). And if confirmed, whether the newly sworn in vice president would immediately become president then since the speaker or cabinet secretary acting as president is indeed just in acting capacity and not holding the office him/herself. Because the constitution says any person below the vice president can't become president in name and title.

If the contradictory interapplicability of ArtII.S1.C6, the 25th Amendment, & the 1947 Presidential Succession Act were to take into account their text exactly as written, then the answer to your questions are yes & yes. Who knows really, though?

[President Johnson]

In my view the biggest open question on the amendment is whether an acting president - ergo someone beyond the vice president in presidential succession - would be able to nominate a vice president via the 25th Amendment (assuming he or she has to step in for the remainder of the term). And if confirmed, whether the newly sworn in vice president would immediately become president then since the speaker or cabinet secretary acting as president is indeed just in acting capacity and not holding the office him/herself. Because the constitution says any person below the vice president can't become president in name and title.

If the contradictory interapplicability of ArtII.S1.C6, the 25th Amendment, & the 1947 Presidential Succession Act were to take into account their text exactly as written, then the answer to your questions are yes & yes. Who knows really, though?

Then Designated Survivor (the TV series) actually gets this wrong. They also refer to Tom Kirkman as president although technically he's just an acting president after stepping in following the Capitol attack. At least until he wins a term of his own in the final third season. He also has two appointed vice presidents with the first being a traitor.