Any Presidential Historians in the House?

[styersc]

Does the events of today mean that Dick Cheney can now claim to have served as the 43rd President of the United States?

[Wetzelbill]

1. not officially no

[terrya]

2. I'm not a historian, but...

doesn't one have to be sworn in as President?

Cheney temporarily had the powers of the President. But he was still Vice President.

Just my take. As a non-historian.

I would be interested to read of any Presidential historians take on this. Interesting question.

[styersc]

5. Didn't think of it as you describred...

...Vice President with the powers of the President. Your take seems sound.

[LiberalFighter]

14. Yes, you have to be sworn in as President

VP is sworn in as VP to perform the duties of VP which also include acting President.

[William769]

3. If you mean will his picture hang in the White House as a President? No.

[Fovea]

4. If he had, then he would have been subject to the

reporting demands he eschews as the self declared 4th branch of goverment.

[Hippo_Tron]

6. No, Cheney is Acting President of the United States

http://en.wikipedia.org/wiki/Acting_President_of_the_United_States#Term_of_Service

He has assumed this role before as well and for the same reason. Poppy also did so when they were removing polyps from Raygun's Colon.

Basically, the 25th Amendment seems to only be invoked when they are doing a procedure involving the President's Colon. Since I'm too tired to be witty, I'll let someone else make jokes about this.

[Cybergata]

9. Wasn't it Alexander Haig who . . .

was Reagan's Secretary of State and thought he was next in line when Reagan was shot? I think we need a law that requires anyone working for the government take a test on the Constitution of the United States before they serve. I really doubt that the "Twig" in office has ever read the document. More like he uses it as toilet paper.

[Hippo_Tron]

10. Haig was being a moran

Technically nobody can discharge the statutory powers of the President unless the proper procedures include the VP. In terms of who is in charge of watching over anything if the President is incapacitated, that job probably falls to the Chief of Staff.

[CK_John]

7. No, because the amendment is specific that he is only "acting president". n/t

[frogcycle]

8. background

edit - damn I'm slow. By the time I get it typed its been answered. Oh well.



When Eisenhower had a heart attack they did not have such a practice. And of course when Wilson had a stroke it was kept quiet, and his wife was to all intents and purpose acting as president.

The Twenty Fifth Amendment provides for the transfer of power; it was prompted in part by the situation with Ike. When Reagan had a colonoscopy and needed surgery, he tried to transfer power to G Bush; however he may have screwed it up and not actually transferred. Fred Fielding was the attorney; I guess practice makes perfect.

[Perry Logan]

11. No, because these guys weren't elected in the first place. Never forget.

[LiberalFighter]

12. Duties of Vice President also include acting President when incapacitated

Just as in an organization when the President is not in the office or not present at a meeting the next person in the line of succession performs the duties of the President.

A vacancy has to be declared whether through death, resignation or removal from office before the Vice President is legally the President.

Section 1 is when the VP becomes President and NOT Acting President.

Section 3 is when the President directs that he will be incapacitated for a short period of time and VP IS Acting President.

Section 4 is when the VP and others by law determine President is unable to perform his duties (such as mentally deranged) the VP then IS Acting President.



Amendment XXV

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.

[LiberalFighter]

13. You mean 44th not 43rd

[rasputin1952]

15. When Lincoln was shot, and his head wound obviously mortal...

Andrew Johnson was informed in his room, that he wold be sworn in as president upon the death of Lincoln, (Johnson then returned to bed to go back to sleep, and Edwin Stanton ran the government for the interim).

When Kennedy was assassinated, not until a proclamation of death was public, was Johnson permitted to take the Oath of Office. At the time, he was not considered "acting president".

FDR had to breathe his last and declared dead before Truman took over the rens, he was not considered an acting president either, though the cerebral hemorrhage FDR suffered from vitually insured instantaneous death.

It is up to the PotUS to infer upon the VP, the title of "acting president", otherwise it gets sticky.

However...testing this whole thing is up to the future...much to my chagrin, there are apparently loopholes that would go to the USSC, as this appears cut and dried, but there have been questions brought up.There is a possibility of a coup in some instances, even though they be remote.